10 U.S.C. § 14314 — Army and Air Force commissioned officers: generals ceasing to occupy positions commensurate with grade; State adjutants general

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 406 words · no verdicts yet

in plain englishAI-generated · not legal advice

When an Army or Air Force reserve general officer stops holding a position matching that grade, the Secretary must transfer or discharge the officer within 30 or 60 days, based on the officer's choice. A similar rule applies to state adjutants general who lose their position. Officers reappointed to a lower grade get credit for their earlier time served in it.

(a) General Officers. (1) Except as paragraph (2) provides, within 30 days after a reserve Army or Air Force general officer on the reserve active-status list stops holding a position matching that grade (or a higher one), the Secretary must transfer or discharge the officer as the officer elects: (A) transfer in grade to the Retired Reserve, if qualified and requested; (B) transfer in grade to the Standby Reserve's inactive status list, if qualified; (C) discharge from the general officer appointment and, if qualified and requested, reappointment to the officer's earlier reserve grade; or (D) discharge from the reserve appointment. (2) For a general officer released from a joint duty or other non-joint active-duty assignment, the Secretary must complete the transfer or discharge within 60 days of release instead. (b) Adjutants General. If a reserve officer holds Federal recognition in the National Guard solely because of serving as adjutant general or assistant adjutant general, and stops holding that position, the Secretary must, within 30 days: (1) withdraw the officer's Federal recognition; and (2) require the officer to (A) transfer in grade to the Retired Reserve, if qualified and requested; (B) be discharged and reappointed to the officer's earlier reserve grade, if qualified and requested; or (C) be discharged from the reserve appointment. (c) Credit for Service in Grade. An officer reappointed under (a)(1)(C) or (b)(2)(B) gets credit for time already served in that grade, and in any higher grade, while in active status.

the actual law source: uscode.house.gov ↗public domain

(a)General Officers.—

(1)

Except as provided in paragraph (2), within 30 days after a reserve officer of the Army or the Air Force on the reserve active-status list in a general officer grade ceases to occupy a position commensurate with that grade (or commensurate with a higher grade), the Secretary concerned shall transfer or discharge the officer in accordance with whichever of the following the officer elects:

(A)

Transfer the officer in grade to the Retired Reserve, if the officer is qualified and applies for the transfer.

(B)

Transfer the officer in grade to the inactive status list of the Standby Reserve, if the officer is qualified.

(C)

Discharge the officer from the officer’s reserve appointment and, if the officer is qualified and applies therefor, appoint the officer in the reserve grade held by the officer as a reserve officer before the officer’s appointment in a general officer grade.

(D)

Discharge the officer from the officer’s reserve appointment.

(2)

For any general officer covered by paragraph (1) who is released from a joint duty assignment or other non-joint active-duty assignment, the Secretary concerned shall complete the transfer or discharge required by paragraph (1) not later than 60 days after the officer’s release.

(b)Adjutants General.—

If a reserve officer who is federally recognized in the Army National Guard or the Air National Guard solely because of the officer’s appointment as adjutant general or assistant adjutant general of a State ceases to occupy that position, the Secretary concerned, not later than 30 days after the date on which the officer ceases to occupy that position, shall—

(1)

withdraw that officer’s Federal recognition; and

(2)

require that the officer—

(A)

be transferred in grade to the Retired Reserve, if the officer is qualified and applies for the transfer;

(B)

be discharged from the officer’s reserve appointment and appointed in the reserve grade held by the officer as a reserve officer immediately before the appointment of that officer as adjutant general or assistant adjutant general, if the officer is qualified and applies for that appointment; or

(C)

be discharged from the officer’s reserve appointment.

(c)Credit for Service in Grade.—

An officer who is appointed under subsection (a)(1)(C) or (b)(2)(B) shall be credited with an amount of service in the grade in which appointed that is equal to the amount of prior service in an active status in that grade and in any higher grade.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 104–201, div. A, title V, § 544(c), Sept. 23, 1996, 110 Stat. 2523; Pub. L. 118–159, div. A, title V, § 512, Dec. 23, 2024, 138 Stat. 1875.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-337 · 108 Stat. 2942
1996Amended · Pub. L. 104-201 · 110 Stat. 2523
2024Amended · Pub. L. 118-159 · 138 Stat. 1875

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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