Pub. L. 108-136, div. A, tit. V, subtit. B, sec. 512
CONSIDERATION OF RESERVE OFFICERS FOR POSITION VACANCY PROMOTIONS IN TIME OF WAR OR NATIONAL EMERGENCY.
SEC. 512. CONSIDERATION OF RESERVE OFFICERS FOR POSITION VACANCY PROMOTIONS IN TIME OF WAR OR NATIONAL EMERGENCY.(a) Promotion Consideration While on Active-Duty List.—(1) Subsection (d) of section 14317 of title 10, United States Code, is amended by striking “If a reserve officer” and inserting “Except as provided in subsection (e), if a reserve officer”.(2) Subsection (e) of such section is amended to read as follows: “(e) Officers Ordered to Active Duty in Time of War or National Emergency.—(1) A reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion—“(A) by a mandatory promotion board convened under section 14101(a) of this title or a special selection board convened under section 14502 of this title; or117 STAT. 1460“(B) in the case of an officer who has been ordered to or is serving on active duty in support of a contingency operation, by a vacancy promotion board convened under section 14101(a) of this title.“(2) An officer may not be considered for promotion under this subsection after the end of the two-year period beginning on the date on which the officer is ordered to active duty.“(3) An officer may not be considered for promotion under this subsection during a period when the operation of this section has been suspended by the President under section 123(a) of this title. “(4) Consideration of an officer for promotion under this subsection shall be under regulations prescribed by the Secretary of the military department concerned.”.(b) Conforming Amendment.—Section 14315(a)(1) of such title is amended by striking “as determined by the Secretary concerned, is available” and inserting “under regulations prescribed by the Secretary concerned, has been recommended”.