Title 10Armed ForcesRelease 119-73

§14312 Delay of promotion: voluntary

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 › § 14312

Last updated Apr 6, 2026|Official source

Summary

An officer can ask to put off a promotion that came from a required or special selection board. The military department head may allow the delay for up to three years from the date the officer would have been promoted. The officer must ask for the delay before it can be approved. If a delay is approved, the officer stays on the promotion list while waiting. The officer can accept the promotion at any time during the delay or when it ends, and the promotion takes effect on the day they accept it, following the service’s rules. An officer’s name will be removed from the promotion list and, if the officer is below the grade of colonel (or captain in the Navy), it will count as a failed selection when one of three things happens: the service does not allow voluntary delays and the officer refuses the promotion; the service allows delays but the officer’s delay request was denied and the officer then refuses the promotion; or the service approved a delay and the officer refuses the promotion when the delay ends.

Full Legal Text

Title 10, §14312

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of the military department concerned may, by regulation, permit delays of a promotion of an officer who is recommended for promotion by a mandatory selection board convened under section 14101(a) or a special selection board convened under section 14502 of this title at the request of the officer concerned. Such delays, in the case of any promotion, may extend for any period not to exceed three years from the date on which the officer would otherwise be promoted.
(2)Regulations under this section shall provide that—
(A)a request for such a delay of promotion must be submitted by the officer concerned before the delay may be approved; and
(B)denial of such a request shall not be considered to be a failure of selection for promotion unless the officer declines to accept a promotion under circumstances set forth in subsection (c).
(b)If a request for delay of a promotion under subsection (a) is approved, the officer’s name shall remain on the promotion list during the authorized period of delay (unless removed under any other provision of law). Upon the end of the period of the authorized delay, or at any time during such period, the officer may accept the promotion, which shall be effective on the date of acceptance. Such an acceptance of a promotion shall be made in accordance with regulations prescribed under this section.
(c)An officer’s name shall be removed from the promotion list and, if the officer is serving in a grade below colonel or, in the case of the Navy, captain, the officer shall be considered to have failed of selection for promotion if any of the following applies:
(1)The Secretary concerned has not authorized voluntary delays of promotion under subsection (a) to the grade concerned and the officer declines to accept an appointment to a higher grade.
(2)The Secretary concerned has authorized voluntary delays of promotion under subsection (a), but has denied the request of the officer for a delay of promotion and the officer then declines to accept an appointment to a higher grade.
(3)The Secretary concerned has approved the request of an officer for a delay of promotion and, upon the end of the period of delay authorized in accordance with regulations prescribed under subsection (a), the officer then declines to accept an appointment to a higher grade.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 14312

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73