Us Code § 14317 - Officers in transition to and from the active-status list or active-duty list
Full text of Us Code United States Code § 14317 — Officers in transition to and from the active-status list or active-duty list, with citation guidance and answers to common questions.
§ 14317. Officers in transition to and from the active-status list or active-duty list
(a)
(1) shall be treated as if the officer had not been considered and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and
(2) may not be placed on a promotion list or promoted to the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a selection board convened under chapter 36 of this title or section 14101(a) or 14502 of this title or examined for Federal recognition under title 32.
(b)
(c)
(d)
(A) is ordered to active duty as a member of the unit in which the vacancy exists when that unit is ordered to active duty; or
(B) has been ordered to or is serving on active duty in support of a contingency operation.
(2) If, under this subsection, the name of an officer is removed from a list of officers recommended for promotion, the officer shall be treated as if the officer had not been considered for promotion or examined for Federal recognition.
(e)
(A) by a mandatory promotion board convened under section 14101(a) of this title or a special selection board convened under section 14502 of this title; or
(B) in the case of an officer who has been ordered to or is serving on active duty in support of a contingency operation, by a vacancy promotion board convened under section 14101(a) of this title, or by examination for Federal recognition under title 32.
(2) An officer may not be considered for promotion under this subsection after the end of the two-year period beginning on the date on which the officer is ordered to active duty.
(3) An officer may not be considered for promotion under this subsection during a period when the operation of this section has been suspended by the President under section 123(a) of this title.
(4) Consideration of an officer for promotion under this subsection shall be under regulations prescribed by the Secretary of the military department concerned.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2945; amended Pub. L. 104–106, div. A, title XV, §1501(b)(26), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105–85, div. A, title X, §1073(a)(68), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 108–136, div. A, title V, §512(a), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 110–417, [div. A], title V, §513, Oct. 14, 2008, 122 Stat. 4441.)
Editorial Notes
Prior Provisions
Provisions similar to those in subsec. (a) of this section were contained in sections 3378, 5906, and 8378 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (b)(2), (c)(1).
Amendments
2008—Subsec. (d). Pub. L. 110–417, §513(a), designated first sentence as par. (1) and second sentence as par. (2) and, in par. (1), substituted "unless the officer—" for "unless the officer", inserted subpar. (A) designation before "is ordered", substituted "duty; or" for "duty.", and added subpar. (B).
Subsec. (e)(1)(B). Pub. L. 110–417, §513(b), inserted ", or by examination for Federal recognition under title 32" before period at end.
2003—Subsec. (d). Pub. L. 108–136, §512(a)(1), substituted "Except as provided in subsection (e), if a reserve officer" for "If a reserve officer".
Subsec. (e). Pub. L. 108–136, §512(a)(2), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502 of this title for not more than two years from the date the officer is ordered to active duty unless the President suspends the operation of this section under the provisions of section 123 or 10213 of this title."
1997—Subsec. (d). Pub. L. 105–85 substituted "section 14315" for "section 14314".
1996—Subsec. (e). Pub. L. 104–106 inserted heading and substituted "123 or 10213" for "10213 or 644".
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.
Effective Date
Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.
CHAPTER 1407—FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION
Editorial Notes
Amendments
2021—Pub. L. 116–283, div. A, title V, §505(b)(2), Jan. 1, 2021, 134 Stat. 3571, added item 14502a.
2008—Pub. L. 110–181, div. A, title V, §503(c)(3), title XVIII, §1825(a)(2), Jan. 28, 2008, 122 Stat. 95, 502, substituted "six years" for "five years" in item 14503 and "officers in grade of major general or rear admiral and above" for "major generals and rear admirals" in item 14511.
2006—Pub. L. 109–364, div. A, title V, §503(f), Oct. 17, 2006, 120 Stat. 2178, struck out "reserve" before "brigadier" in item 14510 and substituted "62" for "60" in items 14509 and 14510, "64" for "62" in item 14511, and "66" for "64" in item 14512.
2002—Pub. L. 107–314, div. A, title V, §522(b), Dec. 2, 2002, 116 Stat. 2541, added item 14519.
2001—Pub. L. 107–107, div. A, title V, §517(b)(2)(B), Dec. 28, 2001, 115 Stat. 1094, substituted "Failure of selection for promotion: transfer, retirement, or discharge" for "Separation for failure of selection of promotion" in item 14513.
1999—Pub. L. 106–65, div. A, title V, §511(b), Oct. 5, 1999, 113 Stat. 592, added item 14518.
1996—Pub. L. 104–106, div. A, title XV, §1501(b)(27), Feb. 10, 1996, 110 Stat. 497, inserted "reserve" after "Marine Corps and" in item 14506, "reserve" after "Removal from the" in item 14507, and "in grades" after "reserve officers" in item 14509.
About This Section
10 U.S.C. § 14317 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 10 U.S.C. § 14317. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.