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10 U.S.C. § 14309 — Acceptance of promotion; oath of office
Federal law — U.S. Code and appendices · legal_authorities
**(a) Acceptance.—** An officer who is appointed to a higher grade under this chapter shall be considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment or is granted a delay of promotion under [section 14312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14312&num=0&edition=prelim).
**(b) Oath.—** An officer who has served continuously since taking the oath of office prescribed in [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) is not required to take a new oath upon appointment to a higher grade under this chapter.
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Stable record: federal_law:legal_authorities:record_usc_85b2c22993aa25859db76a33
Source file: Laws/federal/codes/united-states-code/title-10/section-14309-acceptance-of-promotion-oath-of-office--7c06e8a464.md
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Source location: Title 10, Chapter 1405, § 14309; chapter-1405-promotions.md
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**(a) Acceptance.—** An officer who is appointed to a higher grade under this chapter shall be considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment or is granted a delay of promotion under [section 14312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14312&num=0&edition=prelim).
**(b) Oath.—** An officer who has served continuously since taking the oath of office prescribed in [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) is not required to take a new oath upon appointment to a higher grade under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority for Voluntary Delays.—**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) 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) Effect of Approval of Request.—** 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) Effect of Declining a Promotion.—** 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 faile
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14312
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Federal law — U.S. Code and appendices · legal_authorities
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3331
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** This chapter does not apply to the Coast Guard or the National Aeronautics and Space Administration.
**(b) Definitions.—** In this chapter:
(1) The term “undefinitized contractual action” means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. Such term does not include contractual actions with respect to the following:
(A) Purchases in an amount not in excess of the amount of the simplified acquisition threshold.
(B) Special access programs.
(C) Congressionally mandated long-lead procurement contracts.
(2) The term “qualifying proposal” means a proposal that contains sufficient information to enable the Department of Defense to conduct a meaningful audit of the information contained in the proposal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3377
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If money or other personal property of a deceased member of the naval service is in the custody of the Department of the Navy, the Secretary of the Navy shall keep it in safe custody and make a diligent effort to determine and locate the heirs or next of kin of the deceased member. Property remaining unclaimed two years after the death of the member shall be sold, and the proceeds, together with any of his money held in custody, shall be covered into the Treasury.
**(b)** Within five years after the date the money and proceeds are covered into the Treasury, any claim that is presented therefor supported by competent proof shall be certified to Congress for consideration.
**(c)** The Secretary shall prescribe regulations for the administration of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8392
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Federal law — U.S. Code and appendices · legal_authorities
Page 3734
TITLE 10—ARMED FORCES
§ 14309
cers for promotion to the next higher grade that is sub-
mitted to the Secretary of the military department
concerned on or after Dec. 28, 2001, and Secretary of the
military department concerned may apply subsec. (c)(2)
of this section in the case of an appointment of an offi-
cer to a higher grade resulting from a report of a selec-
tion board submitted to the Secretary before Dec. 28,
2001, if the Secretary determines that such appoint-
ment would have been made on an earlier date that is
on or after Oct. 1, 2001, and was delayed under the cir-
cumstances specified in section 741(d)(4) of this title,
see section 506(c) of Pub. L. 107–107, set out as a note
under section 741 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.
§ 14309. Acceptance of promotion; oath of office
(a) ACCEPTANCE.—An officer who is appointed
to a higher grade under this chapter shall be
considered to have accepted the appointment on
the date on which the appointment is made un-
less the officer expressly declines the appoint-
ment or is granted a delay of promotion under
section 14312 of this title.
(b) OATH.—An officer who has served continu-
ously since taking the oath of office prescribed
in section 3331 of title 5 is not required to take
a new oath upon appointment to a higher grade
under this chapter.
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2938.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3394 and 8394 of this title, prior to re-
peal by Pub. L. 103–337, § 1629(a)(1), (c)(1).
Statutory Notes and Related Subsidiaries
EFFEC
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14309
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