Page:United States Statutes at Large Volume 108 Part 4.djvu/312

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108 STAT. 2946 PUBLIC LAW 103-337—OCT. 5, 1994 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 10213 or 644 of this title. "CHAPTER 1407—FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION "Sec. "14501. Failure of selection for promotion. "14502. Special selection boards: correction of errors. "14503. Discharge of officers with less than five years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade). "14504. Effect of failure of selection for promotion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy. "14505. Effect of failure of selection for promotion: reserve captains of the Army, Air Force, and Marine Corps and reserve lieutenants of the Navy. "14506. Effect of failure of selection for promotion: reserve majors of the Army, Air Force, and Marine Corps and lieutenant commanders of the Navy. "14507. Removal from the active-status list for years of service: reserve lieutenant colonels and colonels of the Army, Air Force, and Marine Corps and reserve commanders and captains of the Navy. "14508. Removal from the reserve active-status list for years of service: reserve general Emd flag officers. "14509. Separation at age 60: reserve officers below brigadier general or rear admiral (lower half). "14510. Separation at age 60: reserve brigadier generals and rear admirals (lower half). "14511. Separation at age 62: major generals and rear admirals. "14512. Separation at age 64: officers holding certain offices. "14513. Separation for milure of selection of promotion. "14514. Discharge or retirement for years of service or after selection for early removal. "14515. Discharge or retirement for age. "14516. Separation to be considered involuntary. "14517. Entitlement of officers discharged under this chapter to separation pay. "§ 14501. Failure of selection for promotion "(a) An officer on the reserve active-status Ust in a grade below the grade of colonel or, in the case of an officer in the Nav£j Reserve, captain who is in or above the promotion zone established for that officer's grade and competitive category and who (1) is considered but not recommended for promotion (other than by a vacancy promotion board), or (2) declines to accept a Eromotion for which selected (other than by a vacancy promotion oard), shall be considered to have failed of selection for promotion. "(b) OFFICERS TWICE FAILED OF SELECTION.— An officer shall be considered for all purposes to have twice failed of selection for promotion if any of the following applies: "(1) The officer is considered but not recommended for promotion a second time by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) of this title. "(2) The officer declines to accept a promotion for which recommended by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) or 14502(b) of this title after previously failing