Title 10 — Armed ForcesRelease 119-73
§14311 Delay of promotion: involuntary
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART III— - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter CHAPTER 1405— - PROMOTIONS › § 14311
Summary
Allows the Defense Department to hold back an officer’s promotion under rules set by the Secretary of Defense when certain problems come up before the promotion date. Reasons include sworn court-martial charges, an ongoing investigation, a review board looking at the officer’s record, a criminal case in civilian court, review of proven bad information about the officer, or credible adverse information that could trigger a special review. The department can also pause a promotion if there is reason to think the officer failed required standards of conduct or is mentally, physically, morally, or professionally unfit. If the officer is cleared (charges dropped, acquitted, no discipline, or later found to be among the best qualified after review), the officer stays on the promotion list and, when promoted, gets the same date of rank, pay start date, and reserve position they would have had without the delay unless the Secretary finds they were unqualified for part of the delay and adjusts those dates. The officer must get written notice of the reasons for the delay unless it is not practical, and must be allowed to send a written response for the Secretary to consider. A promotion cannot be delayed more than six months unless the Secretary extends the delay. Delays after final court action cannot exceed 90 days for civilian courts or court-martial cases. Apart from court cases, a delay may not exceed 18 months. Special rules apply for reserve officers on active duty or full-time National Guard duty when promotions are held back to meet strength limits; in those cases the officer’s rank date and list position are treated as if the promotion had occurred when it would have, and the officer may request release from duty so the promotion can take effect.
Full Legal Text
Title 10, §14311
Armed Forces — Source: USLM XML via OLRC
(a)(1)Under regulations prescribed by the Secretary of Defense, the appointment of an officer to a higher grade may be delayed if any of the following applies before the date on which the appointment would otherwise be made:
(A)Sworn charges against the officer have been received by an officer exercising general court-martial jurisdiction over the officer and the charges have not been disposed of.
(B)An investigation is being conducted to determine whether disciplinary action of any kind should be brought against the officer.
(C)A board of officers has been convened under section 14903 of this title to review the record of the officer.
(D)A criminal proceeding in a Federal or State court of competent jurisdiction is pending against the officer.
(E)Substantiated adverse information about the officer that is material to the decision to appoint the officer is under review by the Secretary of Defense or the Secretary concerned.
(F)The Secretary of the military department concerned determines that credible information of adverse nature, including a substantiated adverse finding or conclusion described in section 14107(a)(3)(A) of this title, with respect to the officer will result in the convening of a special selection review board under section 14502a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.
(2)If disciplinary action is not taken against the officer, if the charges against the officer are withdrawn or dismissed, if the officer is not separated by the Secretary of the military department concerned as the result of having been required to show cause for retention, if the officer is acquitted of the charges, or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 7233, 8167, or 9233 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion, as the case may be, then (unless action to delay the officer’s appointment to the higher grade has been taken under subsection (b)) the officer shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable), list of officers found qualified for Federal recognition, or list of officers nominated by the President to the Senate for appointment in a higher reserve grade and shall, upon promotion to the next higher grade, have the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the reserve active-status list as the officer would have had if no delay had intervened, unless the Secretary concerned determines that the officer was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of rank, effective date of pay and allowances, and position on the reserve active-status list as the Secretary considers appropriate under the circumstances.
(3)In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F) and whose recommendation for promotion is sustained, authorities for the promotion of the officer are specified in section 14502a(f) of this title.
(b)Under regulations prescribed by the Secretary of Defense, the appointment of an officer to a higher grade may also be delayed if there is cause to believe that the officer has not met the requirement for exemplary conduct set forth in section 7233, 8167, or 9233 of this title, as applicable, or is mentally, physically, morally, or professionally unqualified to perform the duties of the grade to which selected. If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to the higher grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 7233, 8167, or 9233 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to the higher grade, the officer shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable), the list of officers found qualified for Federal recognition, or list of officers nominated by the President to the Senate for appointment in a higher reserve grade, and shall, upon promotion to that grade, have the same date of rank, the same effective date for pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if no delay had intervened, unless the Secretary concerned determines that the officer was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of rank, effective date of pay and allowances, and position on the reserve active-status list as the Secretary considers appropriate under the circumstances.
(c)(1)The appointment of an officer to a higher grade may not be delayed under subsection (a) or (b) unless the officer is given written notice of the grounds for the delay. The preceding sentence does not apply if it is impracticable to give the officer written notice before the date on which the appointment to the higher grade would otherwise take effect, but in such a case the written notice shall be given as soon as practicable.
(2)An officer whose promotion is delayed under subsection (a) or (b) shall be given an opportunity to make a written statement to the Secretary of the military department concerned in response to the action taken. The Secretary shall give consideration to any such statement.
(3)Notwithstanding paragraphs (1) and (2), in the case of an officer whose promotion is delayed pursuant to subsection (a)(1)(F), requirements applicable to notice and opportunity for response to such delay are specified in section 14502a(c)(3) of this title.
(d)The appointment of an officer to a higher grade may not be delayed under subsection (a) or (b) for more than six months after the date on which the officer would otherwise have been promoted unless the Secretary concerned specifies a further period of delay. An officer’s appointment may not be delayed more than 90 days after final action has been taken in any criminal case against the officer in a Federal or State court of competent jurisdiction or more than 90 days after final action has been taken in any court-martial case against the officer. Except for court action, a promotion may not be delayed more than 18 months after the date on which the officer would otherwise have been promoted.
(e)(1)Under regulations prescribed by the Secretary of Defense, the promotion of a reserve officer on the reserve active-status list who is serving on active duty, or who is on full-time National Guard duty for administration of the reserves or the National Guard, to a grade to which the strength limitations of section 12011 of this title apply shall be delayed if necessary to ensure compliance with those strength limitations. The delay shall expire when the Secretary determines that the delay is no longer required to ensure such compliance.
(2)The promotion of an officer described in paragraph (1) shall also be delayed while the officer is on duty described in that paragraph unless the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, determines that the duty assignment of the officer requires a higher grade than the grade currently held by the officer.
(3)The date of rank and position on the reserve active-status list of a reserve officer whose promotion to or Federal recognition in the next higher grade was delayed under paragraph (1) or (2) solely as the result of the limitations imposed under the regulations prescribed by the Secretary of Defense or contained in section 12011 of this title shall be the date on which the officer would have been promoted to or recognized in the higher grade had such limitations not existed.
(4)If an officer whose promotion is delayed under paragraph (1) or (2) completes the period of active duty or full-time National Guard duty that the officer is required by law or regulation to perform as a member of a reserve component, the officer may request release from active duty or full-time National Guard duty. If the request is granted, the officer’s promotion shall be effective upon the officer’s release from such duty. The date of rank and position on the reserve active-status list of the officer shall be the date the officer would have been promoted to or recognized in the higher grade had the limitations imposed under regulations prescribed by the Secretary of Defense contained in section 12011 of this title not existed. If an officer whose promotion is delayed under paragraph (1) or (2) has not completed the period of active duty or full-time National Guard duty that the officer is required by law or regulation to perform as a member of a reserve component, the officer may be retained on active duty or on full-time National Guard duty in the grade in which the officer was serving before the officer’s being found qualified for Federal recognition or the officer’s selection for the promotion until the officer completes that required period of duty.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3363(e), 3380(b), 5902(d), 8363(g), and 8380(b) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).
Amendments
2021—Subsec. (a)(1)(F). Pub. L. 116–283, § 505(b)(3)(A)(i), added subpar. (F). Subsec. (a)(3). Pub. L. 116–283, § 505(b)(3)(A)(ii), added par. (3). Subsec. (c)(3). Pub. L. 116–283, § 505(b)(3)(B), added par. (3). 2018—Subsecs. (a)(2), (b). Pub. L. 115–232 substituted “section 7233, 8167, or 9233” for “section 3583, 5947, or 8583” in subsec. (a)(2) and in two places in subsec. (b). 2011—Subsec. (b). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, § 511(b)(3). See 2006 Amendment note below. 2006—Subsec. (a)(1). Pub. L. 109–364, § 511(b)(1), substituted “Secretary of Defense” for “Secretary of the military department concerned” in introductory provisions. Subsec. (a)(1)(E). Pub. L. 109–364, § 511(b)(2)(A), added subpar. (E). Subsec. (a)(2). Pub. L. 109–364, § 511(b)(2)(B), struck out “or” after “show cause for retention,” and inserted “or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion,” after “of the charges,”. Subsec. (b). Pub. L. 109–364, § 511(b)(3), as amended by Pub. L. 111–383, § 1075(g)(4), inserted “has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or” before “is mentally, physically,” and substituted “If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to the higher grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to the higher grade” for “If the Secretary concerned later determines that the officer is qualified for promotion to the higher grade”. Pub. L. 109–364, § 511(b)(1), substituted “Secretary of Defense” for “Secretary of the military department concerned”. 2001—Subsec. (a)(2). Pub. L. 107–107, § 505(c)(2)(B)(i), inserted “(including an approved all-fully-qualified-officers list, if applicable)” after “on the promotion list”. Subsec. (b). Pub. L. 107–107, § 505(c)(2)(B)(ii), inserted “(including an approved all-fully-qualified-officers list, if applicable)” after “on the promotion list” in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
of 2011 Amendment Pub. L. 111–383, div. A, title X, § 1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(4) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364 as enacted.
Effective Date
of 2006 AmendmentAmendment by Pub. L. 109–364 effective Oct. 17, 2006, and applicable with respect to officers on promotion lists established on or after such date, see section 511(e) of Pub. L. 109–364, set out as a note under section 624 of this title.
Effective Date
Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. Delays in Promotions Pub. L. 103–337, div. A, title XVI, § 1684(a), Oct. 5, 1994, 108 Stat. 3024, provided that: “(1) A delay in a promotion that is in effect on the day before the
Effective Date
of this title [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103–337, set out as an
Effective Date
note under section 10001 of this title] under the laws and
Regulations
in effect on that date shall continue in effect on and after that date as if the promotion had been delayed under section 14311 of title 10, United States Code, as added by this title. “(2) The delay of the promotion of a reserve officer of the Army or the Air Force which was in effect solely to achieve compliance with limitations set out in section 524 of title 10, United States Code, or with
Regulations
prescribed by the Secretary of Defense with respect to section 3380(c) and 8380(c) of title 10, United States Code, as in effect on the day before the
Effective Date
of this title, shall continue in effect as if the promotion had been delayed under section 14311(e) of such title, as added by this title.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 14311
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73