---
kind: "section"
citation: "10 U.S.C. § 14316"
title: "10"
title_heading: "Armed Forces"
number: "14316"
heading: "Army National Guard and Air National Guard: appointment to and Federal recognition in a higher reserve grade after selection for promotion"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14316"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14316. Army National Guard and Air National Guard: appointment to and Federal recognition in a higher reserve grade after selection for promotion

- (a) **Opportunity for Promotion To Fill a Vacancy in the Guard.—** If an [officer](/usc/10/101.md?p=b-1) of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) or the [Air National Guard of the United States](/usc/10/101.md?p=c-5) is recommended by a mandatory selection board convened under [section 14101(a)](/usc/10/14101.md?p=a) or a special selection board convened under [section 14502 of this title](/usc/10/14502.md) for promotion to the next higher [grade](/usc/10/101.md?p=b-7), an opportunity shall be given to the appropriate authority of the [State](/usc/10/18232.md?p=1) to promote that [officer](/usc/10/101.md?p=b-1) to fill a vacancy in the [Army National Guard](/usc/10/101.md?p=c-2) or the [Air National Guard](/usc/10/101.md?p=c-4) of that jurisdiction.
- (b) **Automatic Federal Recognition.—** An [officer](/usc/10/101.md?p=b-1) of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) or the [Air National Guard of the United States](/usc/10/101.md?p=c-5) who is on a promotion list for promotion to the next higher [grade](/usc/10/101.md?p=b-7) as a result of selection for promotion as described in [subsection (a)](#a) and who before the date of promotion is appointed in that higher [grade](/usc/10/101.md?p=b-7) to fill a vacancy in the [Army National Guard](/usc/10/101.md?p=c-2) or [Air National Guard](/usc/10/101.md?p=c-4) shall—
  - (1) be extended Federal recognition in that [grade](/usc/10/101.md?p=b-7), without the examination prescribed in [section 307 of title 32](/usc/32/307.md); and
  - (2) subject to [section 14311(e) of this title](/usc/10/14311.md?p=e), be promoted to that [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) effective on the date of the [officer](/usc/10/101.md?p=b-1)’s appointment in that [grade](/usc/10/101.md?p=b-7) in the [Army National Guard](/usc/10/101.md?p=c-2) or [Air National Guard](/usc/10/101.md?p=c-4).
- (c) **National Guard Officers Failed of Selection.—** An [officer](/usc/10/101.md?p=b-1) who is considered as failed of selection for promotion under [section 14501 of this title](/usc/10/14501.md) to a [grade](/usc/10/101.md?p=b-7) may be extended Federal recognition in that [grade](/usc/10/101.md?p=b-7) only if the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned finds that the [officer](/usc/10/101.md?p=b-1) is the only qualified [officer](/usc/10/101.md?p=b-1) available to fill a vacancy. The [Secretary concerned](/usc/10/101.md?p=a-9) may not delegate the authority under the preceding sentence.
- (d) **Transfer to Army Reserve or Air Force Reserve.—** If, on the date on which an [officer](/usc/10/101.md?p=b-1) of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) or of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) who is on a promotion list as described in [subsection (a)](#a) is to be promoted, the [officer](/usc/10/101.md?p=b-1) has not been promoted to fill a vacancy in the higher [grade](/usc/10/101.md?p=b-7) in the [Army National Guard](/usc/10/101.md?p=c-2) or the [Air National Guard](/usc/10/101.md?p=c-4), the [officer](/usc/10/101.md?p=b-1)’s Federal recognition in the [officer](/usc/10/101.md?p=b-1)’s [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) shall be withdrawn and the [officer](/usc/10/101.md?p=b-1) shall be promoted and transferred to the Army [Reserve](/usc/10/101.md?p=c-6) or the Air Force [Reserve](/usc/10/101.md?p=c-6) as appropriate.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2944.)

## Notes

### 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.