Page:United States Statutes at Large Volume 108 Part 4.djvu/387

 PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 3021 Subtitle E—Transition Provisions SEC. 1681. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF 10 USC 14501 CERTAIN RESERVE COLONELS OF THE ARMY AND AIR note. FORCE. (a) CONTINUATION UNDER OLD LAW.— Except as provided in subsection (b), a reserve officer of the Army or the Air Force who, on the effective date of this title— (1) is subject to placement on the reserve active-status list of the Army or the Air Force; and (2)(A) holds the reserve grade of colonel, (B) is on a list of officers recommended for promotion to the reserve grade of colonel, or (C) has been nominated by the President for appointment in the reserve grade of colonel, shall continue to be subject to mandatory transfer to the Retired Reserve or discharge from the officer's reserve appointment under section 3851 or 8851 of title 10, United States Code, as in effect on the day before the effective date of this title. (b) EXEMPTION. —T h is section does not apply to an officer who is— (1) sooner transferred from an active status or discharged under some other provision of law; (2) promoted to a higher grade, unless the officer was on a list of officers recommended for promotion to the reserve grade of colonel before the effective date of this title; or (3) continued on the reserve active-status list under section 14701 of title 10, United States Code, as added by this title. SEC. 1682. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE 10 USC 14001 OF SELECTION FOR ARMY AND AIR FORCE OFFICERS, note. (a) PROMOTIONS TO FILL VACANCIES.— A reserve commissioned officer of the Army or Air Force (other than a commissioned warrant officer) who, on the day before the effective date of this title, is recommended for promotion to fill a vacancy in the Army Reserve or the Air Force Reserve under section 3383, 3384, 8372, or 8373 of title 10, United States Code, as in effect on the day before the effective date of this title, in the next higher reserve grade shall be considered to have been recommended for promotion to that grade by a vacancy promotion board under section 14101(a)(2) of title 10, United States Code, as added by this title. (b) PROMOTIONS OTHER THAN TO FILL VACANCIES.—A reserve officer of the Army or Air Force who, on the day before the effective date of this title, is recommended for promotion under section 3366, 3367, 3370, 3371, 8366, or 8371 of title 10, United States Code, as in effect on the day before the effective date of this title, to a reserve grade higher than the grade in which the officer is serving shall be considered to have been recommended for promotion by a mandatory promotion board convened under section 14101(a)(1) of title 10, United States Code, as added by this title. (c) OFFICERS FOUND QUALIFIED FOR PROMOTION TO FIRST LIEUTENANT. —^A reserve officer of the Army or Air Force who, on the effective date of this title, holds the grade of second lieutenant and has been found qualified for promotion to the grade of first lieutenant in accordance with section 3365, 3382, or 8365 of title 10, United States Code, as in effect on the day before the effective date of this title, shall be promoted to that grade

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