---
kind: "section"
citation: "10 U.S.C. § 14317"
title: "10"
title_heading: "Armed Forces"
number: "14317"
heading: "Officers in transition to and from the active-status list or active-duty list"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14317"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14317. Officers in transition to and from the active-status list or active-duty list

- (a) **Effect of Transfer to Inactive Status or Retired Status.—** If a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) on the [reserve active-status list](/usc/10/101.md?p=c-7) is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher [grade](/usc/10/101.md?p=b-7) under this chapter or [chapter 36](/usc/10/chstA/ptII/ch36.md) of this title, or after having been found qualified for Federal recognition in the higher [grade](/usc/10/101.md?p=b-7) under [title 32](/usc/32.md), but before being promoted, the [officer](/usc/10/101.md?p=b-1)—
  - (1) shall be treated as if the [officer](/usc/10/101.md?p=b-1) had not been considered and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and
  - (2) may not be placed on a promotion list or promoted to the higher [grade](/usc/10/101.md?p=b-7) after returning to an [active status](/usc/10/101.md?p=d-4),

  unless the [officer](/usc/10/101.md?p=b-1) is again recommended for promotion by a selection board convened under [chapter 36](/usc/10/chstA/ptII/ch36.md) of this title or section [14101(a)](/usc/10/14101.md?p=a) or [14502](/usc/10/14502.md) of this title or examined for Federal recognition under title 32.

- (b) **Effect of Placement on Active-Duty List.—** A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) who is on a promotion list as a result of selection for promotion by a mandatory promotion 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) and who before being promoted is placed on the [active-duty list](/usc/10/101.md?p=b-13) of the same armed force and placed in the same competitive category shall, under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, be placed on an appropriate promotion list for [officers](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) established under [chapter 36](/usc/10/chstA/ptII/ch36.md) of this title.
- (c) **Officers on a Promotion List Removed From Active-Duty List.—** An [officer](/usc/10/101.md?p=b-1) who is on the [active-duty list](/usc/10/101.md?p=b-13) and is on a promotion list as the result of selection for promotion by a selection board convened under [chapter 36](/usc/10/chstA/ptII/ch36.md) of this title and who before being promoted is removed from the [active-duty list](/usc/10/101.md?p=b-13) and placed on the [reserve active-status list](/usc/10/101.md?p=c-7) of the same armed force and in the same competitive category (including a [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1) who on removal from the [active-duty list](/usc/10/101.md?p=b-13) is appointed as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) and placed on the [reserve active-status list](/usc/10/101.md?p=c-7)) shall, under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, be placed on an appropriate promotion list established under this chapter.
- (d) **Officers Selected for Position Vacancies.—**
  - (1) Except as provided in [subsection (e)](#e), if a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) is ordered to [active duty](/usc/10/101.md?p=d-1) (other than [active duty](/usc/10/101.md?p=d-1) for training) or [full-time National Guard duty](/usc/10/101.md?p=d-5) (other than [full-time National Guard duty](/usc/10/101.md?p=d-5) for training only) after being recommended for promotion under [section 14315 of this title](/usc/10/14315.md) to fill a position vacancy or examined for Federal recognition under [title 32](/usc/32.md), and before being promoted to fill that vacancy, the [officer](/usc/10/101.md?p=b-1) shall not be promoted while serving such [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5) unless the [officer](/usc/10/101.md?p=b-1)—
    - (A) is ordered to [active duty](/usc/10/101.md?p=d-1) as a member of the unit in which the vacancy exists when that unit is ordered to [active duty](/usc/10/101.md?p=d-1); or
    - (B) has been ordered to or is serving on [active duty](/usc/10/101.md?p=d-1) in support of a [contingency operation](/usc/10/101.md?p=a-13).
  - (2) If, under this subsection, the name of an [officer](/usc/10/101.md?p=b-1) is removed from a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion, the [officer](/usc/10/101.md?p=b-1) shall be treated as if the [officer](/usc/10/101.md?p=b-1) had not been considered for promotion or examined for Federal recognition.
- (e) **Officers Ordered to Active Duty in Time of War or National Emergency.—**
  - (1) A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) who is not on the [active-duty list](/usc/10/101.md?p=b-13) and who is ordered to [active duty](/usc/10/101.md?p=d-1) in time of war or national emergency may, if eligible, be considered for promotion—
    - (A) by a mandatory promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) or a special selection board convened under [section 14502 of this title](/usc/10/14502.md); or
    - (B) in the case of an [officer](/usc/10/101.md?p=b-1) who has been ordered to or is serving on [active duty](/usc/10/101.md?p=d-1) in support of a [contingency operation](/usc/10/101.md?p=a-13), by a vacancy promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a), or by examination for Federal recognition under title 32.
  - (2) An [officer](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) is ordered to [active duty](/usc/10/101.md?p=d-1).
  - (3) An [officer](/usc/10/101.md?p=b-1) 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](/usc/10/123.md?p=a).
  - (4) Consideration of an [officer](/usc/10/101.md?p=b-1) for promotion under this subsection shall be under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2945; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(26), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105–85, div. A, title X, § 1073(a)(68), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 108–136, div. A, title V, § 512(a), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 110–417, [div. A], title V, § 513, Oct. 14, 2008, 122 Stat. 4441.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in subsec. (a) of this section were contained in sections 3378, 5906, and 8378 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).

### Amendments

2008—Subsec. (d). Pub. L. 110–417, § 513(a), designated first sentence as par. (1) and second sentence as par. (2) and, in par. (1), substituted “unless the officer—” for “unless the officer”, inserted subpar. (A) designation before “is ordered”, substituted “duty; or” for “duty.”, and added subpar. (B).

Subsec. (e)(1)(B). Pub. L. 110–417, § 513(b), inserted “, or by examination for Federal recognition under title 32” before period at end.

2003—Subsec. (d). Pub. L. 108–136, § 512(a)(1), substituted “Except as provided in subsection (e), if a reserve officer” for “If a reserve officer”.

Subsec. (e). Pub. L. 108–136, § 512(a)(2), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502 of this title for not more than two years from the date the officer is ordered to active duty unless the President suspends the operation of this section under the provisions of section 123 or 10213 of this title.”

1997—Subsec. (d). Pub. L. 105–85 substituted “section 14315” for “section 14314”.

1996—Subsec. (e). Pub. L. 104–106 inserted heading and substituted “123 or 10213” for “10213 or 644”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

### 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.