---
kind: "section"
citation: "10 U.S.C. § 14311"
title: "10"
title_heading: "Armed Forces"
number: "14311"
heading: "Delay of promotion: involuntary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14311"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14311. Delay of promotion: involuntary

- (a) **Delay During Investigations and Proceedings.—**
  - (1) Under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, the appointment of an [officer](/usc/10/101.md?p=b-1) to a higher [grade](/usc/10/101.md?p=b-7) may be delayed if any of the following applies before the date on which the appointment would otherwise be made:
    - (A) Sworn charges against the [officer](/usc/10/101.md?p=b-1) have been received by an [officer](/usc/10/101.md?p=b-1) exercising general court-martial jurisdiction over the [officer](/usc/10/101.md?p=b-1) and the charges have not been disposed of.
    - (B) An investigation is being conducted to determine whether disciplinary action of any kind should be brought against the [officer](/usc/10/101.md?p=b-1).
    - (C) A board of [officers](/usc/10/101.md?p=b-1) has been convened under [section 14903 of this title](/usc/10/14903.md) to review the record of the [officer](/usc/10/101.md?p=b-1).
    - (D) A criminal proceeding in a Federal or [State](/usc/10/18232.md?p=1) court of competent jurisdiction is pending against the [officer](/usc/10/101.md?p=b-1).
    - (E) Substantiated adverse information about the [officer](/usc/10/101.md?p=b-1) that is material to the decision to appoint the [officer](/usc/10/101.md?p=b-1) is under review by the [Secretary](/usc/10/12521.md?p=4) of Defense or the [Secretary concerned](/usc/10/101.md?p=a-9).
    - (F) The [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned determines that credible information of adverse nature, including a substantiated adverse finding or conclusion described in [section 14107(a)(3)(A) of this title](/usc/10/14107.md?p=a-3-A), with respect to the [officer](/usc/10/101.md?p=b-1) will result in the convening of a special selection review board under [section 14502a of this title](/usc/10/14502a.md) to review the [officer](/usc/10/101.md?p=b-1) and recommend whether the recommendation for promotion of the [officer](/usc/10/101.md?p=b-1) should be sustained.
  - (2) If disciplinary action is not taken against the [officer](/usc/10/101.md?p=b-1), if the charges against the [officer](/usc/10/101.md?p=b-1) are withdrawn or dismissed, if the [officer](/usc/10/101.md?p=b-1) is not separated by the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned as the result of having been required to show cause for retention, if the [officer](/usc/10/101.md?p=b-1) is acquitted of the charges, or if, after a review of substantiated adverse information about the [officer](/usc/10/101.md?p=b-1) regarding the requirement for exemplary conduct set forth in section [7233](/usc/10/7233.md), [8167](/usc/10/8167.md), or [9233](/usc/10/9233.md) of this title, as applicable, the [officer](/usc/10/101.md?p=b-1) is determined to be among the [officers](/usc/10/101.md?p=b-1) best qualified for promotion, as the case may be, then (unless action to delay the [officer](/usc/10/101.md?p=b-1)’s appointment to the higher [grade](/usc/10/101.md?p=b-7) has been taken under [subsection (b)](#b)) the [officer](/usc/10/101.md?p=b-1) shall be retained on the promotion list (including an approved all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list, if applicable), list of [officers](/usc/10/101.md?p=b-1) found qualified for Federal recognition, or list of [officers](/usc/10/101.md?p=b-1) nominated by the President to the Senate for appointment in a higher [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) and shall, upon promotion to the next higher [grade](/usc/10/101.md?p=b-7), have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for the [pay](/usc/10/101.md?p=a-15) and allowances of the [grade](/usc/10/101.md?p=b-7) to which promoted, and the same position on the [reserve active-status list](/usc/10/101.md?p=c-7) as the [officer](/usc/10/101.md?p=b-1) would have had if no delay had intervened, unless the [Secretary concerned](/usc/10/101.md?p=a-9) determines that the [officer](/usc/10/101.md?p=b-1) was unqualified for promotion for any part of the delay. If the [Secretary](/usc/10/12521.md?p=4) makes such a determination, the [Secretary](/usc/10/12521.md?p=4) may adjust such date of [rank](/usc/10/101.md?p=b-8), effective date of [pay](/usc/10/101.md?p=a-15) and allowances, and position on the [reserve active-status list](/usc/10/101.md?p=c-7) as the [Secretary](/usc/10/12521.md?p=4) considers appropriate under the circumstances.
  - (3) In the case of an [officer](/usc/10/101.md?p=b-1) whose promotion is delayed pursuant to [paragraph (1)(F)](#a-1-F) and whose recommendation for promotion is sustained, authorities for the promotion of the [officer](/usc/10/101.md?p=b-1) are specified in [section 14502a(f) of this title](/usc/10/14502a.md?p=f).
- (b) **Delay for Lack of Qualifications.—** Under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, the appointment of an [officer](/usc/10/101.md?p=b-1) to a higher [grade](/usc/10/101.md?p=b-7) may also be delayed if there is cause to believe that the [officer](/usc/10/101.md?p=b-1) has not met the requirement for exemplary conduct set forth in section [7233](/usc/10/7233.md), [8167](/usc/10/8167.md), or [9233](/usc/10/9233.md) of this title, as applicable, or is mentally, physically, morally, or professionally unqualified to perform the duties of the [grade](/usc/10/101.md?p=b-7) to which selected. If it is later determined by a civilian official of the [Department](/usc/10/12521.md?p=5) of Defense (not below the level of [Secretary](/usc/10/12521.md?p=4) of a military [department](/usc/10/12521.md?p=5)) that the [officer](/usc/10/101.md?p=b-1) is qualified for promotion to the higher [grade](/usc/10/101.md?p=b-7) and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section [7233](/usc/10/7233.md), [8167](/usc/10/8167.md), or [9233](/usc/10/9233.md) of this title, as applicable, the [officer](/usc/10/101.md?p=b-1) is determined to be among the [officers](/usc/10/101.md?p=b-1) best qualified for promotion to the higher [grade](/usc/10/101.md?p=b-7), the [officer](/usc/10/101.md?p=b-1) shall be retained on the promotion list (including an approved all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list, if applicable), the list of [officers](/usc/10/101.md?p=b-1) found qualified for Federal recognition, or list of [officers](/usc/10/101.md?p=b-1) nominated by the President to the Senate for appointment in a higher [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7), and shall, upon promotion to that [grade](/usc/10/101.md?p=b-7), have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for [pay](/usc/10/101.md?p=a-15) and allowances of that [grade](/usc/10/101.md?p=b-7), and the same position on the [reserve active-status list](/usc/10/101.md?p=c-7) as the [officer](/usc/10/101.md?p=b-1) would have had if no delay had intervened, unless the [Secretary concerned](/usc/10/101.md?p=a-9) determines that the [officer](/usc/10/101.md?p=b-1) was unqualified for promotion for any part of the delay. If the [Secretary](/usc/10/12521.md?p=4) makes such a determination, the [Secretary](/usc/10/12521.md?p=4) may adjust such date of [rank](/usc/10/101.md?p=b-8), effective date of [pay](/usc/10/101.md?p=a-15) and allowances, and position on the [reserve active-status list](/usc/10/101.md?p=c-7) as the [Secretary](/usc/10/12521.md?p=4) considers appropriate under the circumstances.
- (c) **Notice to Officer.—**
  - (1) The appointment of an [officer](/usc/10/101.md?p=b-1) to a higher [grade](/usc/10/101.md?p=b-7) may not be delayed under subsection [(a)](#a) or [(b)](#b) unless the [officer](/usc/10/101.md?p=b-1) is given written notice of the grounds for the delay. The preceding sentence does not apply if it is impracticable to give the [officer](/usc/10/101.md?p=b-1) written notice before the date on which the appointment to the higher [grade](/usc/10/101.md?p=b-7) would otherwise take effect, but in such a case the written notice shall be given as soon as practicable.
  - (2) An [officer](/usc/10/101.md?p=b-1) whose promotion is delayed under subsection [(a)](#a) or [(b)](#b) shall be given an opportunity to make a written statement to the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned in response to the action taken. The [Secretary](/usc/10/12521.md?p=4) shall give consideration to any such statement.
  - (3) Notwithstanding paragraphs [(1)](#c-1) and [(2)](#c-2), in the case of an [officer](/usc/10/101.md?p=b-1) whose promotion is delayed pursuant to [subsection (a)(1)(F)](#a-1-F), requirements applicable to notice and opportunity for response to such delay are specified in [section 14502a(c)(3) of this title](/usc/10/14502a.md?p=c-3).
- (d) **Maximum Length of Delay in Promotion.—** The appointment of an [officer](/usc/10/101.md?p=b-1) to a higher [grade](/usc/10/101.md?p=b-7) may not be delayed under subsection [(a)](#a) or [(b)](#b) for more than six months after the date on which the [officer](/usc/10/101.md?p=b-1) would otherwise have been promoted unless the [Secretary concerned](/usc/10/101.md?p=a-9) specifies a further period of delay. An [officer](/usc/10/101.md?p=b-1)’s appointment may not be delayed more than 90 days after final action has been taken in any criminal case against the [officer](/usc/10/101.md?p=b-1) in a Federal or [State](/usc/10/18232.md?p=1) court of competent jurisdiction or more than 90 days after final action has been taken in any court-martial case against the [officer](/usc/10/101.md?p=b-1). Except for court action, a promotion may not be delayed more than 18 months after the date on which the [officer](/usc/10/101.md?p=b-1) would otherwise have been promoted.
- (e) **Delay Because of Limitations on Officer Strength in Grade or Duties to Which Assigned.—**
  - (1) Under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, the promotion of a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) on the [reserve active-status list](/usc/10/101.md?p=c-7) who is serving on [active duty](/usc/10/101.md?p=d-1), or who is on [full-time National Guard duty](/usc/10/101.md?p=d-5) for administration of the [reserves](/usc/10/101.md?p=c-6) or the [National Guard](/usc/10/101.md?p=c-1), to a [grade](/usc/10/101.md?p=b-7) to which the strength limitations of [section 12011 of this title](/usc/10/12011.md) apply shall be delayed if necessary to ensure compliance with those strength limitations. The delay shall expire when the [Secretary](/usc/10/12521.md?p=4) determines that the delay is no longer required to ensure such compliance.
  - (2) The promotion of an [officer](/usc/10/101.md?p=b-1) described in [paragraph (1)](#e-1) shall also be delayed while the [officer](/usc/10/101.md?p=b-1) is on duty described in that paragraph unless the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned, under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, determines that the duty assignment of the [officer](/usc/10/101.md?p=b-1) requires a higher [grade](/usc/10/101.md?p=b-7) than the [grade](/usc/10/101.md?p=b-7) currently held by the [officer](/usc/10/101.md?p=b-1).
  - (3) The date of [rank](/usc/10/101.md?p=b-8) and position on the [reserve active-status list](/usc/10/101.md?p=c-7) of a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) whose promotion to or Federal recognition in the next higher [grade](/usc/10/101.md?p=b-7) was delayed under paragraph [(1)](#e-1) or [(2)](#e-2) solely as the result of the limitations imposed under the regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense or contained in [section 12011 of this title](/usc/10/12011.md) shall be the date on which the [officer](/usc/10/101.md?p=b-1) would have been promoted to or recognized in the higher [grade](/usc/10/101.md?p=b-7) had such limitations not existed.
  - (4) If an [officer](/usc/10/101.md?p=b-1) whose promotion is delayed under paragraph [(1)](#e-1) or [(2)](#e-2) completes the period of [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5) that the [officer](/usc/10/101.md?p=b-1) is required by law or regulation to perform as a member of a [reserve](/usc/10/101.md?p=c-6) component, the [officer](/usc/10/101.md?p=b-1) may request release from [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5). If the request is granted, the [officer](/usc/10/101.md?p=b-1)’s promotion shall be effective upon the [officer](/usc/10/101.md?p=b-1)’s release from such duty. The date of [rank](/usc/10/101.md?p=b-8) and position on the [reserve active-status list](/usc/10/101.md?p=c-7) of the [officer](/usc/10/101.md?p=b-1) shall be the date the [officer](/usc/10/101.md?p=b-1) would have been promoted to or recognized in the higher [grade](/usc/10/101.md?p=b-7) had the limitations imposed under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense contained in [section 12011 of this title](/usc/10/12011.md) not existed. If an [officer](/usc/10/101.md?p=b-1) whose promotion is delayed under paragraph [(1)](#e-1) or [(2)](#e-2) has not completed the period of [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5) that the [officer](/usc/10/101.md?p=b-1) is required by law or regulation to perform as a member of a [reserve](/usc/10/101.md?p=c-6) component, the [officer](/usc/10/101.md?p=b-1) may be retained on [active duty](/usc/10/101.md?p=d-1) or on [full-time National Guard duty](/usc/10/101.md?p=d-5) in the [grade](/usc/10/101.md?p=b-7) in which the [officer](/usc/10/101.md?p=b-1) was serving before the [officer](/usc/10/101.md?p=b-1)’s being found qualified for Federal recognition or the [officer](/usc/10/101.md?p=b-1)’s selection for the promotion until the [officer](/usc/10/101.md?p=b-1) completes that required period of duty.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2939; amended Pub. L. 107–107, div. A, title V, § 505(c)(2)(B), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 109–364, div. A, title V, § 511(b), Oct. 17, 2006, 120 Stat. 2182; Pub. L. 111–383, div. A, title X, § 1075(g)(4), Jan. 7, 2011, 124 Stat. 4377; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title V, § 505(b)(3), Jan. 1, 2021, 134 Stat. 3572.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3363(e), 3380(b), 5902(d), 8363(g), and 8380(b) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).

### Amendments

2021—Subsec. (a)(1)(F). Pub. L. 116–283, § 505(b)(3)(A)(i), added subpar. (F).

Subsec. (a)(3). Pub. L. 116–283, § 505(b)(3)(A)(ii), added par. (3).

Subsec. (c)(3). Pub. L. 116–283, § 505(b)(3)(B), added par. (3).

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), substituted “Secretary of Defense” for “Secretary of the military department concerned” in introductory provisions.

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 information about the officer regarding the requirement for exemplary 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 Department 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 adverse information regarding the requirement for exemplary 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 determines 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-officers 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 included 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: 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. 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.”