10 U.S.C. § 14312 — Delay of promotion: voluntary

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 higher grade’’ for ‘‘If the Secretary concerned later de- termines 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-of- ficers 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 AMENDMENT Amendment 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 in- cluded in Pub. L. 109–364 as enacted. EFFECTIVE DATE OF 2006 AMENDMENT Amendment 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 sections 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.’’ § 14312. Delay of promotion: voluntary (a) AUTHORITY FOR VOLUNTARY DELAYS.—(1) The Secretary of the military department con- cerned may, by regulation, permit delays of a promotion of an officer who is recommended for promotion by a mandatory selection board con- vened under section 14101(a) or a special selec- tion 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 other- wise be promoted. (2) Regulations under this section shall pro- vide that— (A) a request for such a delay of promotion must be submitted by the officer concerned be- fore the delay may be approved; and (B) denial of such a request shall not be con- sidered to be a failure of selection for pro- motion unless the officer declines to accept a promotion under circumstances set forth in subsection (c). (b) EFFECT OF APPROVAL OF REQUEST.—If a re- quest for delay of a promotion under subsection (a) is approved, the officer’s name shall remain on the promotion list during the authorized pe- riod 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 accept- ance. Such an acceptance of a promotion shall be made in accordance with regulations pre- scribed under this section. (c) EFFECT OF DECLINING A PROMOTION.—An of- ficer’s name shall be removed from the pro- motion 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 author- ized voluntary delays of promotion under sub- section (a) to the grade concerned and the offi- cer declines to accept an appointment to a higher grade. (2) The Secretary concerned has authorized voluntary delays of promotion under sub- section (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 pro- Page 3738 TITLE 10—ARMED FORCES § 14313 motion and, upon the end of the period of delay authorized in accordance with regula- tions prescribed under subsection (a), the offi- cer then declines to accept an appointment to a higher grade. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2941.) 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. § 14313. Authority to vacate promotions to grade of brigadier general or rear admiral (lower half) (a) AUTHORITY.—The President may vacate the appointment of a reserve officer to the grade of brigadier general or rear admiral (lower half) if the period of time during which the officer has served in that grade after promotion to that grade is less than 18 months. (b) EFFECT OF PROMOTION BEING VACATED.—Ex- cept as provided in subsection (c), an officer whose promotion to the grade of brigadier gen- eral is vacated under this section holds the grade of colonel as a reserve of the armed force of which the officer is a member. An officer whose promotion to the grade of rear admiral (lower half) is vacated under this section holds the grade of captain in the Navy Reserve. Upon assuming the lower grade, the officer shall have the same position on the reserve active-status list as the officer would have had if the officer had not served in the higher grade. (c) SPECIAL RULE FOR OFFICERS SERVING AS ADJUTANT GENERAL.—In the case of an officer serving as an adjutant general or assistant adju- tant general whose promotion to the grade of brigadier general is vacated under this section, the officer then holds the reserve grade held by that officer immediately before the officer’s ap- pointment as adjutant general or assistant adju- tant general. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(SS), Jan. 6, 2006, 119 Stat. 3234.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 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. § 14314. Army and Air Force commissioned offi- cers: generals ceasing to occupy positions commensurate with grade; State adjutants general (a) GENERAL OFFICERS.—(1) Except as provided in paragraph (2), within 30 days after a reserve officer of the Army or the Air Force on the re- serve active-status list in a general officer grade ceases to occupy a position commensurate with that grade (or commensurate with a higher grade), the Secretary concerned shall transfer or discharge the officer in accordance with which- ever of the following the officer elects: (A) Transfer the officer in grade to the Re- tired Reserve, if the officer is qualified and ap- plies for the transfer. (B) Transfer the officer in grade to the inac- tive status list of the Standby Reserve, if the officer is qualified. (C) Discharge the officer from the officer’s reserve appointment and, if the officer is qualified and applies therefor, appoint the offi- cer in the reserve grade held by the officer as a reserve officer before the officer’s appoint- ment in a general officer grade. (D) Discharge the officer from the officer’s reserve appointment. (2) For any general officer covered by para- graph (1) who is released from a joint duty as- signment or other non-joint active-duty assign- ment, the Secretary concerned shall complete the transfer or discharge required by paragraph (1) not later than 60 days after the officer’s re- lease. (b) ADJUTANTS GENERAL.—If a reserve officer who is federally recognized in the Army Na- tional Guard or the Air National Guard solely because of the officer’s appointment as adjutant general or assistant adjutant general of a State ceases to occupy that position, the Secretary concerned, not later than 30 days after the date on which the officer ceases to occupy that posi- tion, shall— (1) withdraw that officer’s Federal recogni- tion; and (2) require that the officer— (A) be transferred in grade to the Retired Reserve, if the officer is qualified and applies for the transfer; (B) be discharged from the officer’s reserve appointment and appointed in the reserve grade held by the officer as a reserve officer immediately before the appointment of that officer as adjutant general or assistant adju- tant general, if the officer is qualified and applies for that appointment; or (C) be discharged from the officer’s reserve appointment. (c) CREDIT FOR SERVICE IN GRADE.—An officer who is appointed under subsection (a)(1)(C) or (b)(2)(B) shall be credited with an amount of service in the grade in which appointed that is equal to the amount of prior service in an active status in that grade and in any higher grade. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 104–201, div. A, title V, § 544(c), Sept. 23, 1996, 110 Stat. 2523; Pub. L. 118–159, div. A, title V, § 512, Dec. 23, 2024, 138 Stat. 1875.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3375, 8375, and 8381 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1).