---
kind: "section"
citation: "10 U.S.C. § 14313"
title: "10"
title_heading: "Armed Forces"
number: "14313"
heading: "Authority to vacate promotions to grade of brigadier general or rear admiral (lower half)"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14313"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14313. Authority to vacate promotions to grade of brigadier general or rear admiral (lower half)

- (a) **Authority.—** The President may vacate the appointment of a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) to the [grade](/usc/10/101.md?p=b-7) of brigadier general or rear admiral (lower half) if the period of time during which the [officer](/usc/10/101.md?p=b-1) has served in that [grade](/usc/10/101.md?p=b-7) after promotion to that [grade](/usc/10/101.md?p=b-7) is less than 18 months.
- (b) **Effect of Promotion Being Vacated.—** Except as provided in [subsection (c)](#c), an [officer](/usc/10/101.md?p=b-1) whose promotion to the [grade](/usc/10/101.md?p=b-7) of brigadier general is vacated under this section holds the [grade](/usc/10/101.md?p=b-7) of colonel as a [reserve](/usc/10/101.md?p=c-6) of the armed force of which the [officer](/usc/10/101.md?p=b-1) is a member. An [officer](/usc/10/101.md?p=b-1) whose promotion to the [grade](/usc/10/101.md?p=b-7) of rear admiral (lower half) is vacated under this section holds the [grade](/usc/10/101.md?p=b-7) of captain in the Navy [Reserve](/usc/10/101.md?p=c-6). Upon assuming the lower [grade](/usc/10/101.md?p=b-7), the [officer](/usc/10/101.md?p=b-1) shall have the same position on the [reserve active-status list](/usc/10/101.md?p=c-7) as the [officer](/usc/10/101.md?p=b-1) would have had if the [officer](/usc/10/101.md?p=b-1) had not served in the higher [grade](/usc/10/101.md?p=b-7).
- (c) **Special Rule for Officers Serving as Adjutant General.—** In the case of an [officer](/usc/10/101.md?p=b-1) serving as an adjutant general or assistant adjutant general whose promotion to the [grade](/usc/10/101.md?p=b-7) of brigadier general is vacated under this section, the [officer](/usc/10/101.md?p=b-1) then holds the [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) held by that [officer](/usc/10/101.md?p=b-1) immediately before the [officer](/usc/10/101.md?p=b-1)’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.)

## Notes

### Editorial Notes

### Amendments

2006—Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

### Statutory Notes and Related Subsidiaries

### 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.