10 USC 14311 - Delay of promotion: involuntary

Editorial Notes

Prior Provisions

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

Amendments

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

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

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

2018—Subsecs. (a)(2), (span). Puspan. 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. (span).

2011—Subsec. (span). Puspan. L. 111–383 made technical amendment to directory language of Puspan. L. 109–364, § 511(span)(3). See 2006 Amendment note below.

2006—Subsec. (a)(1). Puspan. L. 109–364, § 511(span)(1), substituted “Secretary of Defense” for “Secretary of the military department concerned” in introductory provisions.

Subsec. (a)(1)(E). Puspan. L. 109–364, § 511(span)(2)(A), added subpar. (E).

Subsec. (a)(2). Puspan. L. 109–364, § 511(span)(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. (span). Puspan. L. 109–364, § 511(span)(3), as amended by Puspan. 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”.

Puspan. L. 109–364, § 511(span)(1), substituted “Secretary of Defense” for “Secretary of the military department concerned”.

2001—Subsec. (a)(2). Puspan. 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. (span). Puspan. 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 Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2011 Amendment

Puspan. 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 Puspan. L. 109–364 as enacted.

Effective Date of 2006 Amendment

Amendment by Puspan. 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 Puspan. L. 109–364, set out as a note under section 624 of this title.

Effective Date

Section effective Oct. 1, 1996, see section 1691(span)(1) of Puspan. L. 103–337, set out as a note under section 10001 of this title.

Delays in Promotions

Puspan. 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(span)(1), (2) of Puspan. 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.”