Title 10Armed ForcesRelease 119-73not60

§14312 Delay of Promotion: Voluntary

Title 10 › Subtitle Subtitle E— Reserve Components › Part III— PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter 1405— PROMOTIONS › § 14312

Last updated Apr 3, 2026|Official source

Summary

A military department Secretary can make rules that let an officer who was recommended for promotion by a required or special selection board ask to delay that promotion for up to three years from the date they would otherwise be promoted. The officer must ask before a delay can be approved. If the Secretary denies the request, that denial alone is not treated as a failure to be selected for promotion unless the officer then refuses the promotion in the situations described below. If a delay is approved, the officer’s name stays on the promotion list during the delay. The officer can accept the promotion any time during the delay or when it ends, and the promotion takes effect on the day they accept it, following the rules the Secretary sets. For officers below colonel (or below captain in the Navy), their name will be removed and they will be treated as having failed selection if any of these happen: the Secretary has not allowed voluntary delays for that grade and the officer refuses the promotion; the Secretary allows delays but denied this officer’s request and the officer refuses the promotion; or the Secretary approved a delay and, when the delay ends, the officer refuses the promotion.

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 3, 2026

Release point: 119-73not60