---
kind: "section"
citation: "10 U.S.C. § 14312"
title: "10"
title_heading: "Armed Forces"
number: "14312"
heading: "Delay of promotion: voluntary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14312"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14312. Delay of promotion: voluntary

- (a) **Authority for Voluntary Delays.—**
  - (1) The [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned may, by regulation, permit delays of a promotion of an [officer](/usc/10/101.md?p=b-1) who is recommended for promotion by a mandatory selection board convened under [section 14101(a)](/usc/10/14101.md?p=a) or a special selection board convened under [section 14502 of this title](/usc/10/14502.md) at the request of the [officer](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) declines to accept a promotion under circumstances set forth in [subsection (c)](#c).
- (b) **Effect of Approval of Request.—** If a request for delay of a promotion under [subsection (a)](#a) is approved, the [officer](/usc/10/101.md?p=b-1)’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](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1)’s name shall be removed from the promotion list and, if the [officer](/usc/10/101.md?p=b-1) is serving in a [grade](/usc/10/101.md?p=b-7) below colonel or, in the case of the Navy, captain, the [officer](/usc/10/101.md?p=b-1) shall be considered to have failed of selection for promotion if any of the following applies:
  - (1) The [Secretary concerned](/usc/10/101.md?p=a-9) has not authorized voluntary delays of promotion under [subsection (a)](#a) to the [grade](/usc/10/101.md?p=b-7) concerned and the [officer](/usc/10/101.md?p=b-1) declines to accept an appointment to a higher [grade](/usc/10/101.md?p=b-7).
  - (2) The [Secretary concerned](/usc/10/101.md?p=a-9) has authorized voluntary delays of promotion under [subsection (a)](#a), but has denied the request of the [officer](/usc/10/101.md?p=b-1) for a delay of promotion and the [officer](/usc/10/101.md?p=b-1) then declines to accept an appointment to a higher [grade](/usc/10/101.md?p=b-7).
  - (3) The [Secretary concerned](/usc/10/101.md?p=a-9) has approved the request of an [officer](/usc/10/101.md?p=b-1) for a delay of promotion and, upon the end of the period of delay authorized in accordance with regulations prescribed under [subsection (a)](#a), the [officer](/usc/10/101.md?p=b-1) then declines to accept an appointment to a higher [grade](/usc/10/101.md?p=b-7).

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2941.)

## Notes

### 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.