on the reserve active-status list, as the officer would have
had if the officer’s name had not been removed from the
list.
‘‘§ 14311. Delay of promotion: involuntary
‘‘(a) DELAY DURING INVESTIGATIONS
AND PRO-
CEEDINGS.—(1) Under regulations prescribed by the Sec-
retary of the military department concerned, the appoint-
ment of an officer to a higher grade 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 have
been received by an officer exercising general court-
martial jurisdiction over the officer and the charges
have not been disposed of.
‘‘(B) An investigation is being conducted to de-
termine whether disciplinary action of any kind
should be brought against the officer.
‘‘(C) A board of officers has been convened
under section 14903 of this title to review the record
of the officer.
‘‘(D) A criminal proceeding in a Federal or
State court of competent jurisdiction is pending
against the officer.
‘‘(2) If disciplinary action is not taken against the
officer, if the charges against the officer are withdrawn
or dismissed, if the officer is not separated by the Sec-
retary of the military department concerned as the result
of having been required to show cause for retention, or
if the officer is acquitted of the charges, as the case may
be, then (unless action to delay the officer’s appointment
to the higher grade has been taken under subsection (b))
the officer shall be retained on the promotion list, list of
officers found qualified for Federal recognition, or list of
officers nominated by the President to the Senate for ap-
pointment in a higher reserve grade and shall, upon pro-
motion to the next higher grade, have the same date of
rank, the same effective date for the pay and allowances
of the grade to which promoted, and the same position
on the reserve active-status list as the officer would have
had if no delay had intervened, unless the Secretary con-
cerned determines that the officer was unqualified for pro-
motion for any part of the delay. If the Secretary makes
such a determination, the Secretary may adjust such date
of rank, effective date of pay and allowances, and position
on the reserve active-status list as the Secretary considers
appropriate under the circumstances.
‘‘(b) DELAY FOR LACK OF QUALIFICATIONS.—Under
regulations prescribed by the Secretary of the military de-
partment concerned, the appointment of an officer to a
higher grade may also be delayed if there is cause to be-
lieve that the officer is mentally, physically, morally, or
professionally unqualified to perform the duties of the
grade to which selected. If the Secretary concerned later
determines that the officer is qualified for promotion to
the higher grade, the officer shall be retained on the pro-
motion list, the list of officers found qualified for Federal
recognition, or list of officers nominated by the President
to the Senate for appointment in a higher reserve grade,
and shall, upon promotion to that grade, have the same
date or rank, the same effective date for pay and allow-
ances of that grade, and the same position on the reserve
active-status list as the officer would have had if no delay
had intervened, unless the Secretary concerned determines
that the officer was unqualified for promotion for any part
of the delay. If the Secretary makes such a determination,
the Secretary may adjust such date of rank, effective date
of pay and allowances, and position on the reserve active-
status list as the Secretary considers appropriate under
the circumstances.
‘‘(c) NOTICE TO OFFICER.—(1) The appointment of
an officer to a higher grade may not be delayed under
subsection (a) or (b) unless the officer is given written
notice of the grounds for the delay. The preceding sen-
tence does not apply if it is impracticable to give the offi-
cer written notice before the date on which the appoint-
ment to the higher grade would otherwise take effect, but
in such a case the written notice shall be given as soon
as practicable.
‘‘(2) An officer whose promotion is delayed under
subsection (a) or (b) shall be given an opportunity to make
a written statement to the Secretary of the military de-
partment concerned in response to the action taken. The
Secretary shall give consideration to any such statement.
‘‘(d) MAXIMUM
LENGTH
OF
DELAY
IN
PRO-
MOTION.—The appointment of an officer to a higher grade
may not be delayed under subsection (a) or (b) for more
than six months after the date on which the officer would
otherwise have been promoted unless the Secretary con-
cerned specifies a further period of delay. An officer’s ap-
pointment may not be delayed more than 90 days after
final action has been taken in any criminal case against
the officer in a Federal or State court of competent juris-
diction or more than 90 days after final action has been
taken in any court-martial case against the officer. Except
for court action, a promotion may not be delayed more
than 18 months after the date on which the officer would
otherwise have been promoted.
‘‘(e) DELAY BECAUSE OF LIMITATIONS ON OFFICER
STRENGTH
IN
GRADE
OR
DUTIES
TO
WHICH
AS-
SIGNED.—(1) Under regulations prescribed by the Sec-
retary of Defense, the promotion of a reserve officer on
the reserve active-status list who is serving on active duty,
or who is on full-time National Guard duty for administra-
tion of the reserves or the National Guard, to a grade to
which the strength limitations of section 12011 of this title
apply shall be delayed if necessary to ensure compliance
with those strength limitations. The delay shall expire
when the Secretary determines that the delay is no longer
required to ensure such compliance.
‘‘(2) The promotion of an officer described in para-
graph (1) shall also be delayed while the officer is on duty
described in that paragraph unless the Secretary of the
military department concerned, under regulations pre-
scribed by the Secretary of Defense, determines that the
duty assignment of the officer requires a higher grade
than the grade currently held by the officer.
‘‘(3) The date of rank and position on the reserve
active-status list of a reserve officer whose promotion to
or Federal recognition in the next higher grade was de-
layed under paragraph (1) or (2) solely as the result of
the limitations imposed under the regulations prescribed
by the Secretary of Defense or contained in section 12011
of this title shall be the date on which the officer would
have been promoted to or recognized in the higher grade
had such limitations not existed.
‘‘(4) If an officer whose promotion is delayed under
paragraph (1) or (2) completes the period of active duty
or full-time National Guard duty that the officer is re-
quired by law or regulation to perform as a member of
a reserve component, the officer may request release from
active duty or full-time National Guard duty. If the re-
quest is granted, the officer’s promotion shall be effective
upon the officer’s release from such duty. The date of rank
and position on the reserve active-status list of the officer
shall be the date the officer would have been promoted
to or recognized in the higher grade had the limitations
imposed under regulations prescribed by the Secretary of
Defense contained in section 12011 of this title not ex-
isted. If an officer whose promotion is delayed under para-
graph (1) or (2) has not completed the period of active
duty or full-time National Guard duty that the officer is
required by law or regulation to perform as a member of
a reserve component, the officer may be retained on active
duty or on full-time National Guard duty in the grade in
which the officer was serving before the officer’s being
found qualified for Federal recognition or the officer’s se-
lection for the promotion until the officer completes that
required period of duty.
‘‘§ 14312. Delay of promotion: voluntary
‘‘(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 selec-
tion board convened under section 14101(a) or a special
selection 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 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 con-
sidered to be a failure of selection for promotion un-
less 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 ap-
proved, 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
‘‘(e) APPOINTMENT
OF OFFICERS RECOMMENDED
FOR PROMOTION.—(1) An officer whose name is placed
on a promotion list as a result of recommendation for pro-
motion by a special selection board convened under this
section, shall, as soon as practicable, be appointed to the
next higher grade in accordance with the law and policies
which would have been applicable had he been rec-
ommended for promotion by the board which should have
considered or which did consider him.
‘‘(2) An officer who is promoted to the next higher
grade as the result of the recommendation of a special
selection board convened under this section shall, upon
such promotion, have the same date of rank, the same ef-
fective date for the pay and allowances of that grade, and
the same position on the reserve active-status list as the
officer would have had if the officer had been rec-
ommended for promotion to that grade by the selection
board which should have considered, or which did con-
sider, the officer.
‘‘(3) If the report of a special selection board con-
vened under this section, as approved by the President,
recommends for promotion to the next higher grade an
officer not currently eligible for promotion or a former of-
ficer whose name was referred to it for consideration, the
Secretary concerned may act under section 1552 of this