Page:United States Statutes at Large Volume 108 Part 4.djvu/304

 108 STAT. 2938 PUBLIC LAW 103-337—OCT. 5, 1994 of this title may be promoted at any time to fill the vacancy for which the officer was selected. "(f) EFFECTIVE DATE OF PROMOTION AFTER FEDERAL RECOGNI- TION. —The effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended. " (g) ARMY AND AIR FORCE GENERAL OFFICER PROMOTIONS. — A reserve officer of the Army who is on a promotion list for promotion to the grade of brigadier general or major general as a result of selection by a vacancy promotion board may be promoted to that grade only to fill a vacancy in that grade in a unit of the Army Reserve that is organized to serve as a unit and that has attained the strength prescribed by the Secretary of the Army. A reserve officer of the Air Force who is on a promotion list for promotion to the grade of brigadier general or major general as a result of selection by a vacancy promotion board may be promoted to that grade only to fill a vacancy in the Air Force Reserve in that grade. "§ 14309. Acceptance of promotion; oath of office "(a) ACCEPTANCE. —An officer who is appointed to a higher grade under this chapter shall be considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment or is granted a delay of promotion under section 14312 of this title. "(b) OATH.— An officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under this chapter. "§14310. Removal of officers from a list of officers recommended for promotion "(a) REMOVAL BY PRESIDENT.— The President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted. "(b) REMOVAL FOR WITHHOLDING OF SENATE ADVICE AND CON- SENT.—I f the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a reserve grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list. "(c) CONTINUED ELIGIBILITY FOR PROMOTION.— An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If that officer is recommended for promotion by the next selection board convened for that officer's grade and competitive category and the officer is promoted, the Secretary of the military department concerned may, upon the promotion, grant the officer the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the reserve activestatus list, as the officer would have had if the officer's name had not been removed from the list.

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