---
kind: "section"
citation: "10 U.S.C. § 14314"
title: "10"
title_heading: "Armed Forces"
number: "14314"
heading: "Army and Air Force commissioned officers: generals ceasing to occupy positions commensurate with grade; State adjutants general"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14314"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14314. Army and Air Force commissioned officers: generals ceasing to occupy positions commensurate with grade; State adjutants general

- (a) **General Officers.—**
  - (1) Except as provided in [paragraph (2)](#a-2), within 30 days after a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army or the Air Force on the [reserve active-status list](/usc/10/101.md?p=c-7) in a [general officer](/usc/10/101.md?p=b-4) [grade](/usc/10/101.md?p=b-7) ceases to occupy a position commensurate with that [grade](/usc/10/101.md?p=b-7) (or commensurate with a higher [grade](/usc/10/101.md?p=b-7)), the [Secretary concerned](/usc/10/101.md?p=a-9) shall transfer or discharge the [officer](/usc/10/101.md?p=b-1) in accordance with whichever of the following the [officer](/usc/10/101.md?p=b-1) elects:
    - (A) Transfer the [officer](/usc/10/101.md?p=b-1) in [grade](/usc/10/101.md?p=b-7) to the Retired [Reserve](/usc/10/101.md?p=c-6), if the [officer](/usc/10/101.md?p=b-1) is qualified and applies for the transfer.
    - (B) Transfer the [officer](/usc/10/101.md?p=b-1) in [grade](/usc/10/101.md?p=b-7) to the inactive status list of the Standby [Reserve](/usc/10/101.md?p=c-6), if the [officer](/usc/10/101.md?p=b-1) is qualified.
    - (C) Discharge the [officer](/usc/10/101.md?p=b-1) from the [officer](/usc/10/101.md?p=b-1)’s [reserve](/usc/10/101.md?p=c-6) appointment and, if the [officer](/usc/10/101.md?p=b-1) is qualified and applies therefor, appoint the [officer](/usc/10/101.md?p=b-1) in the [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) held by the [officer](/usc/10/101.md?p=b-1) as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) before the [officer](/usc/10/101.md?p=b-1)’s appointment in a [general officer](/usc/10/101.md?p=b-4) [grade](/usc/10/101.md?p=b-7).
    - (D) Discharge the [officer](/usc/10/101.md?p=b-1) from the [officer](/usc/10/101.md?p=b-1)’s [reserve](/usc/10/101.md?p=c-6) appointment.
  - (2) For any [general officer](/usc/10/101.md?p=b-4) covered by [paragraph (1)](#a-1) who is released from a joint duty assignment or other non-joint active-duty assignment, the [Secretary concerned](/usc/10/101.md?p=a-9) shall complete the transfer or discharge required by [paragraph (1)](#a-1) not later than 60 days after the [officer](/usc/10/101.md?p=b-1)’s release.
- (b) **Adjutants General.—** If a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) who is federally recognized in the [Army National Guard](/usc/10/101.md?p=c-2) or the [Air National Guard](/usc/10/101.md?p=c-4) solely because of the [officer](/usc/10/101.md?p=b-1)’s appointment as adjutant general or assistant adjutant general of a [State](/usc/10/18232.md?p=1) ceases to occupy that position, the [Secretary concerned](/usc/10/101.md?p=a-9), not later than 30 days after the date on which the [officer](/usc/10/101.md?p=b-1) ceases to occupy that position, shall—
  - (1) withdraw that [officer](/usc/10/101.md?p=b-1)’s Federal recognition; and
  - (2) require that the [officer](/usc/10/101.md?p=b-1)—
    - (A) be transferred in [grade](/usc/10/101.md?p=b-7) to the Retired [Reserve](/usc/10/101.md?p=c-6), if the [officer](/usc/10/101.md?p=b-1) is qualified and applies for the transfer;
    - (B) be discharged from the [officer](/usc/10/101.md?p=b-1)’s [reserve](/usc/10/101.md?p=c-6) appointment and appointed in the [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) held by the [officer](/usc/10/101.md?p=b-1) as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) immediately before the appointment of that [officer](/usc/10/101.md?p=b-1) as adjutant general or assistant adjutant general, if the [officer](/usc/10/101.md?p=b-1) is qualified and applies for that appointment; or
    - (C) be discharged from the [officer](/usc/10/101.md?p=b-1)’s [reserve](/usc/10/101.md?p=c-6) appointment.
- (c) **Credit for Service in Grade.—** An [officer](/usc/10/101.md?p=b-1) who is appointed under subsection [(a)(1)(C)](#a-1-C) or [(b)(2)(B)](#b-2-B) shall be credited with an amount of service in the [grade](/usc/10/101.md?p=b-7) in which appointed that is equal to the amount of prior service in an [active status](/usc/10/101.md?p=d-4) in that [grade](/usc/10/101.md?p=b-7) and in any higher [grade](/usc/10/101.md?p=b-7).

## 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.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3375, 8375, and 8381 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1).

### Amendments

2024—Subsec. (a). Pub. L. 118–159, § 512(1), designated introductory provisions as par. (1) and substituted “Except as provided in paragraph (2), within” for “Within”, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and added par. (2).

Subsec. (c). Pub. L. 118–159, § 512(2), substituted “subsection (a)(1)(C)” for “subsection (a)(3)”.

1996—Subsec. (b)(2)(B). Pub. L. 104–201 struck out “of the Air Force” after “reserve officer”.

### 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.