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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 14313 Authority to vacate promotions to grade of brigadier general or rear admiral (lower half) us united_states_code code_section 10 ARMED FORCES 1405 PROMOTIONS 14313 10 U.S.C. § 14313 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s14313 data/legal/raw/us/code/title-10/usc10.xml 8bf729776501caabbbec95a10c820092ca2b44b13105bd8363959f5c6eb25ab1 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 6f7eb14544a5ff1d3cb040e35925eab75fe050a5ed01645571960e078c8c978f 2026-07-04 official
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10 U.S.C. § 14313 - Authority to vacate promotions to grade of brigadier general or rear admiral (lower half)

Text

(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 Navy Reserve. Upon assuming the lower grade, the officer shall have the same position on the reserve active-status 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 General.— 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 officers appointment as adjutant general or assistant adjutant general.

(Added Pub. L. 103337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 109163, div. A, title V, § 515(b)(1)(SS), Jan. 6, 2006, 119 Stat. 3234.)

Notes

Editorial Notes

Amendments2006—Subsec. (b). Pub. L. 109163 substituted “Navy Reserve” for “Naval Reserve”.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103337, set out as a note under section 10001 of this title.