Page:United States Statutes at Large Volume 108 Part 4.djvu/308

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108 STAT. 2942 PUBLIC LAW 103-337—OCT. 5, 1994 prescribed under subsection (a), the officer then declines to accept an appointment to a higher grade.

  • '§ 14313. Authority to vacate promotions to grade of brigadier general or rear admiral (lower half)

"(a) AUTHORITY.— The President may vacate the appointment of a reserve officer to the grade of brigadier general or rear admiral (lower half) if the period of time during which the officer has served in that grade after promotion to that grade is less than 18 months. "(b) EFFECT OF PROMOTION BEING VACATED.— Except as provided in subsection (c), an officer whose promotion to the grade of brigadier general is vacated under this section holds the grade of colonel as a reserve of the armed force of which the officer is a member. An officer whose promotion to the grade of rear admiral (lower half) is vacated under this section holds the grade of captain in the Naval Reserve. Upon assuming the lower grade, the officer shall have the same position on the reserve activestatus list as the officer would have had if the officer had not served in the higher grade. "(c) SPECIAL RULE FOR OFFICERS SERVING AS ADJUTANT GEN- ERAL. —In the case of an officer serving as an adjutant general or assistant adjutant general whose promotion to the grade of brigadier general is vacated under this section, the officer then holds the reserve grade held by that officer immediately before the officer's appointment as adjutant general or assistant adjutsmt general. "§14314. Army and Air Force commissioned officers: generals ceasing to occupy positions commensurate with grade; State adjutants general "(a) GENERAL OFFICERS. —Within 30 days after a reserve officer of the Army or the Air Force on the reserve active-status list in a general officer grade ceases to occupy a position commensurate with that grade (or commensurate with a higher grade), the Secretary concerned shall transfer or discharge the officer in accordance with whichever of the following the officer elects: "(1) Transfer the officer in grade to the Retired Reserve, if the officer is qualified and applies for the transfer. "(2) Transfer the officer in grade to the inactive status list of the Standby Reserve, if the officer is qualified. "(3) Discharge the officer from the officer's reserve appointment and, if the officer is qualified and applies therefor, appoint the officer in the reserve grade held by the officer as a reserve officer before the officer's appointment in a general officer grade. "(4) Discharge the officer from the officer's reserve appointment. "(b) ADJUTANTS GENERAL.—I f a reserve officer who is federally recognized in the Army National Guard or the Air National Guard solely because of the officer's appointment as adjutant general or assistant adjutant general of a State ceases to occupy that position, the Secretary concerned, not later than 30 days after the date on which the officer ceases to occupy that position, shall— "(1) withdraw that officer's Federal recognition; and "(2) require that the officer—