Federal · Title 10 — Armed Forces

10 U.S.C. § 14317: Officers in transition to and from the active-status list or active-duty list

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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 may not be placed on a promotion list or promoted to the higher grade after returning to an active status, A reserve officer who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502 of this title and who before being promoted is placed on the active-duty list of the same armed force and placed in the same competitive category shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list for officers on the active-duty list established under chapter 36 of this title. An officer who is on the active-duty list and is on a promotion list as the result of selection for promotion by a selection board convened under chapter 36 of this title and who before being promoted is removed from the active-duty list and placed on the reserve active-status list of the same armed force and in the same competitive category (including a regular officer who on removal from the active-duty list is appointed as a reserve officer and placed on the reserve active-status list) shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list established under this chapter. 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 has been ordered to or is serving on active duty in support of a contingency operation. 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. 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 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. 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. 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 . Consideration of an officer for promotion under this subsection shall be under regulations prescribed by the Secretary of the military department concerned.

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