10 U.S.C. § 14313 — Authority to vacate promotions to grade of brigadier general or rear admiral (lower half)
submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 215 words · no verdicts yet
The President can undo a reserve officer's promotion to brigadier general or rear admiral (lower half) if the officer has served less than 18 months in that grade. The officer then drops back to their earlier grade, keeping their old place on the reserve active-status list. A special rule applies to officers serving as state adjutant general.
(a) Authority. The President may vacate a reserve officer's promotion to brigadier general or rear admiral (lower half) if the officer* has served less than 18 months in that grade* since being promoted.
(b) Effect of Promotion Being Vacated. Except as (c) provides, an officer whose brigadier general promotion is vacated returns to colonel in their armed force; an officer whose rear admiral (lower half) promotion is vacated returns to captain in the Navy Reserve. The officer keeps the same place on the reserve active-status list* as if never promoted to the higher grade.
(c) Special Rule for Officers Serving as Adjutant General. If the vacated officer serves as adjutant general or assistant adjutant general, the officer instead returns to the reserve grade held immediately before that appointment.
The President may vacate the appointment of a reserve officer* to the grade* of brigadier general or rear admiral (lower half) if the period of time during which the officer has served in that grade after promotion to that grade is less than 18 months.
Except as provided in subsection (c), an officer whose promotion to the grade of brigadier general is vacated under this section holds the grade of colonel as a reserve of the armed force of which the officer is a member. An officer whose promotion to the grade of rear admiral (lower half) is vacated under this section holds the grade of captain in the Navy Reserve. Upon assuming the lower grade, the officer shall have the same position on the reserve active-status list* as the officer would have had if the officer had not served in the higher grade.
In the case of an officer serving as an adjutant general or assistant adjutant general whose promotion to the grade of brigadier general is vacated under this section, the officer then holds the reserve grade held by that officer immediately before the officer’s appointment as adjutant general or assistant adjutant general.
Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(SS), Jan. 6, 2006, 119 Stat. 3234.)
- 1994Enacted · Pub. L. 103-337 · 108 Stat. 2942
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3234
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.
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