Sec. 14001. CHAPTER 1401-APPLICABILITY AND RESERVE ACTIVESTATUS LISTS1 Applicability of this part. 14002. 14003. 14004. 14005. 14006. Reserve active-status lists: requirement for each armed force. Determination of years in grade. § 14001. Applicability of this part This chapter and chapters 1403 through 1411 of this title apply, as appropriate, to all reserve officers of the Army, Navy, Air Force, and Marine Corps except warrant officers. (Added P.L. 103-337, § 1611, Oct. 5, 1994, 108 Stat. 2922.) § 14002. Reserve active-status lists: requirement for each armed force (a) The Secretary of each military department shall maintain a single list, to be known as the reserve active-status list, for each armed force under the Secretary's jurisdiction. That list shall include the names of all reserve officers of that armed force who are in an active status other than those on an active-duty list described in section 620 of this title or warrant officers (including commissioned warrant officers). (b) The reserve active-status list for the Army shall include officers in the Army Reserve and the Army National Guard of the United States. The reserve active-status list for the Air Force shall include officers in the Air Force Reserve and the Air National Guard of the United States. The Secretary of the Navy shall maincain separate lists for the Naval Reserve and the Marine Corps Re serve. Added P.L. 103–337, § 1611, Oct. 5, 1994, 108 Stat. 2922.) 14003. Reserve active-status: position of officers on the list (a) POSITION ON LIST.-Officers shall be carried on the reserve active-status list of the armed force of which they are members in he order of seniority of the grade in which they are serving in an ctive status. Officers serving in the same grade shall be carried n the order of their rank in that grade. (b) EFFECT ON POSITION HELD BY REASON OF TEMPORARY APOINTMENT OR ASSIGNMENT.-An officer whose position on the reerve active-status list results from service under a temporary apointment or in a grade held by reason of assignment to a position as, when that appointment or assignment ends, the grade and po This chapter and the other chapters in part III of subtitle E take effect on October 1, 1996, provided in section 1691(b)(1) of the Reserve Officer Personnel Management Act (title XVI P.L. 103-337; 108 Stat. 3026). sition on that list that the officer would have held if the officer had not received that appointment or assignment. (Added P.L. 103–337, § 1611, Oct. 5, 1994, 108 Stat. 2923.) § 14004. Reserve active-status lists: eligibility for Reserve promotion Except as otherwise provided by law, an officer must be on a reserve active-status list to be eligible under chapter 1405 of this title for consideration for selection for promotion or for promotion. (Added P.L. 103–337, § 1611, Oct. 5, 1994, 108 Stat. 2923.) § 14005. Competitive categories Each officer whose name appears on a reserve active-status list shall be placed in a competitive category. The competitive categories for each armed force shall be specified by the Secretary of the military department concerned under regulations prescribed by the Secretary of Defense. Officers in the same competitive category shall compete among themselves for promotion. (Added P.L. 103–337, § 1611, Oct. 5, 1994, 108 Stat. 2923.) § 14006. Determination of years in grade For the purpose of chapters 1403 through 1411 of this title, an officer's years of service in a grade are computed from the officer's date of rank in grade as determined under section 741(d) of this title. (Added P.L. 103–337, § 1611, Oct. 5, 1994, 108 Stat. 2923.) CHAPTER 1403-SELECTION BOARDS 1 Convening of selection boards. Selection boards: appointment and composition. Confidentiality of board proceedings. Sec. 14101. 14102. 14103. Oath of members. 14104. 14105. 14106. 14107. 14108. 14109. 14110. 14111. 14112. Notice of convening of selection board. Communication with board by officers under consideration. Information furnished by the Secretary concerned to promotion boards. Reports of promotion boards: in general. Reports of promotion boards: review by Secretary. § 14101. Convening of selection boards (a) PROMOTION BOARDS.-(1) Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for promotion to the next higher grade, under chapter 1405 of this title, officers on the reserve active-status list of that armed force in a permanent grade from first lieutenant through brigadier general or, in the case of the Naval Reserve, lieutenant (junior grade) through rear admiral (lower half). A selection board convened under this subsection shall be known as a "promotion board". (2) A promotion board convened to recommend reserve officers of the Army or reserve officers of the Air Force for promotion (A) to fill a position vacancy under section 14315 of this title, or (B) to the grade of brigadier general or major general, shall (except in the case of a board convened to consider officers as provided in section 14301(e) of this title) be known as a "vacancy promotion board". Any other promotion board convened under this subsection shall be known as a "mandatory promotion board". (b) CONTINUATION BOARDS.-Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned may convene a selection board to recommend officers of that armed Force (1) for continuation on the reserve active-status list under section 14701 of this title; (2) for selective early removal from the reserve active-status list under section 14704 of this title; or (3) for selective early retirement under section 14705 of this title. selection board convened under this subsection shall be known sa "continuation board". dded P.L. 103-337, § 1611, Oct. 5, 1994, 108 Stat. 2924.) This chapter and the other chapters in part III of subtitle E take effect on October 1, 1996, provided in section 1691(b)(1) of the Reserve Officer Personnel Management Act (title XVI P.L. 103-337; 108 Stat. 3026). § 14102. Selection boards: appointment and composition (a) APPOINTMENT.-Members of selection boards convened under section 14101 of this title shall be appointed by the Secretary of the military department concerned in accordance with this section. Promotion boards and special selection boards shall consist of five or more officers. Continuation boards shall consist of three or more officers. All of the officers of any such selection board shall be of the same armed force as the officers under consideration by the board. (b) COMPOSITION.-At least one-half of the members of such a selection board shall be reserve officers, to include at least one reserve officer from each reserve component from which officers are to be considered by the board. Each member of a selection board must hold a permanent grade higher than the grade of the officers under consideration by the board, and no member of a board may hold a grade below major or lieutenant commander. (c) REPRESENTATION OF COMPETITIVE CATEGORIES. (1) Except as provided in paragraph (2), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. (2) A selection board need not include an officer from a competitive category to be considered by the board if there is no officer of that competitive category on the reserve active-status list or the active-duty list in a permanent grade higher than the grade of the officers to be considered by the board and otherwise eligible to serve on the board. However, in such a case, the Secretary of the military department concerned, in his discretion, may appoint as a member of the board a retired officer of that competitive category who is in the same armed force as the officers under consideration by the board who holds a higher grade than the grade of the offcers under consideration. (d) PROHIBITION OF SERVICE ON CONSECUTIVE PROMOTION BOARDS.-No officer may be a member of two successive promotion boards convened under section 14101(a) of this title for the consideration of officers of the same competitive category and grade if the second of the two boards is to consider any officer who was consid ered and not recommended for promotion to the next higher grade by the first of the two boards. (Added P.L. 103–337, § 1611, Oct. 5, 1994, 108 Stat. 2924.) 14103. Oath of members Each member of a selection board convened under section 14101 of this title shall take an oath to perform the duties of a member of the board without prejudice or partiality, having in view both the special fitness of officers and the efficiency of the member's armed force. (Added P.L. 103-337, § 1611, Oct. 5, 1994, 108 Stat. 2925.) § 14104. Confidentiality of board proceedings Except as otherwise authorized or required by law, the pro ceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board. (Added P.L. 103-337, § 1611, Oct. 5, 1994, 108 Stat. 2925.) |