
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14312]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
                        CHAPTER 1405--PROMOTIONS
 
Sec. 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 
selection 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 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.

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

                  Section Referred to in Other Sections

    This section is referred to in sections 14308, 14309 of this title.
