§ 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 officer on the reserve active-status list is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher grade under this chapter or chapter
36 of this title, or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer—
(1)
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
(b)
Effect of Placement on Active-Duty List.—
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.
(c)
Officers on a Promotion List Removed From Active-Duty List.—
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.
(d)
Officers Selected for Position Vacancies.—
(1)
Except as provided in subsection (e), if a reserve officer is ordered to active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only) after being recommended for promotion under section
14315 of this title to fill a position vacancy or examined for Federal recognition under title 32, and before being promoted to fill that vacancy, the officer shall not be promoted while serving such active duty or full-time National Guard duty unless the officer—
(e)
Officers Ordered to Active Duty in Time of War or National Emergency.—
(1)
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—
(2)
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.