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10 U.S.C. § 14312 — Delay of promotion: voluntary
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-14312-delay-of-promotion-voluntary--225ff45b01.md
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Source location: Title 10, Chapter 1405, § 14312; chapter-1405-promotions.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers Not Considered Because of Administrative Error.—**
(1) In the case of an officer or former officer who the Secretary of the military department concerned determines was not considered for selection for promotion from in or above the promotion zone by a mandatory promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) because of administrative error, the Secretary concerned shall convene a special selection board under this subsection to determine whether such officer or former officer should be recommended for promotion. Any such board shall be convened under regulations prescribed by the Secretary of Defense and shall be appointed and composed in accordance with [section 14102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14102&num=0&edition=prelim) and shall include the representation of competitive categories required by that section. The members of a board convened under this subsection shall be required to take an oath in the same manner as prescribed in [section 14103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14103&num=0&edition=prelim).
(2) A special selection board convened under this subsection shall consider the record of the officer or former officer as that record would have appeared to the promotion board that should have considered the officer or former officer. That record shall be compared with a sampling of the records of those officers of the same grade and competitive category who were recommended for promotion and those officers of the same grade and competitive category who were not recommended for promotion by that board.
(3)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14502
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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) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14309
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Federal law — U.S. Code and appendices · legal_authorities
Page 3737
TITLE 10—ARMED FORCES
§ 14312
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), sub-
stituted ‘‘Secretary of Defense’’ for ‘‘Secretary of the
military department concerned’’ in introductory provi-
sions.
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 informa-
tion about the officer regarding the requirement for ex-
emplary 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 Depart-
ment 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 ad-
verse information regarding the requirement for exem-
plary 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
high
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14312
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