section 620 of this title The Secretary of each military department shall maintain a single list, to be known as the reserve active-status list, for each armed force under the Secretary’s jurisdiction. That list shall include the names of all reserve officers of that armed force who are in an active status other than those on an active-duty list described in or warrant officers (including commissioned warrant officers).
The reserve active-status list for the Army shall include officers in the Army Reserve and the Army National Guard of the United States. The reserve active-status list for the Air Force shall include officers in the Air Force Reserve and the Air National Guard of the United States. The Secretary of the Navy shall maintain separate lists for the Navy Reserve and the Marine Corps Reserve.
Pub. L. 103–337, div. A, title XVI, § 1611108 Stat. 2922Pub. L. 109–163, div. A, title V, § 515(b)(1)(OO)119 Stat. 3234(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 109–1632006—Subsec. (b). substituted “Navy Reserve” for “Naval Reserve”.
Statutory Notes and Related Subsidiaries
Effective Date
section 1691(b)(1) of Pub. L. 103–337section 10001 of this titleSection effective , see , set out as a note under .
Establishment of Reserve Active-Status List
Pub. L. 103–337, div. A, title XVI, § 1686108 Stat. 3024
Six-Month Deadline .—
Pub. L. 103–337section 10001 of this titleNot later than six months after the effective date of this title [, see section 1691(b)(1), (2) of , set out as an Effective Date note under ], the Secretary of the military department concerned shall ensure that—
section 14002 of title 10 all officers of the Army, Navy, Air Force, and Marine Corps who are required to be placed on the reserve active-status list of their Armed Force under , United States Code, as added by this title, shall be placed on the list for their armed force and in their competitive category; and
the relative seniority of those officers on each such list shall be established.
Regulations .—
The Secretary concerned shall prescribe regulations for the establishment of relative seniority. The Secretary of the Army and the Secretary of the Air Force shall, in prescribing such regulations, provide for the consideration of both promotion service established under section 3360(b) or 8360(e) of title 10, United States Code, as in effect on the day before the effective date of this title, and total commissioned service established under section 3360(c) or 8366(e) of such title, as in effect on the day before the effective date of this title. An officer placed on a reserve active-status list in accordance with this section shall be considered to have been on the list as of the effective date of this title.”
Preservation of Relative Seniority Under Initial Establishment of Reserve Active-Status List
Pub. L. 103–337, div. A, title XVI, § 1687108 Stat. 3025
Pub. L. 103–337section 10001 of this title“In order to maintain the relative seniority among reserve officers of the Army, Navy, Air Force, or Marine Corps as determined under section 1686 [set out above], the Secretary of the military department concerned may, during the one-year period beginning on the effective date of this title [, see section 1691(b)(1), (2) of , set out as an Effective Date note under ], adjust the date of rank of any reserve officer of such Armed Force who was in an active status but not on the active-duty list on such effective date.”
, , , provided that: