10 U.S.C. § 14312 — Delay of promotion: voluntary

(a) Authority for Voluntary Delays. (1) The Secretary of the military department may, by regulation, let an officer selected by a mandatory or special selection board delay promotion at the officer's own request, for up to three years past the original promotion date. (2) Such regulations must require that: (A) the officer submit the delay request before it can be approved; and (B) denying the request is not treated as a failure of selection, unless the officer then declines the promotion under subsection (c). (b) Effect of Approval of Request. If a delay request is approved, the officer's name stays on the promotion list during the delay, unless removed under some other law. The officer may accept the promotion anytime during or after the delay, effective on the date of acceptance, following the Secretary's regulations. (c) Effect of Declining a Promotion. An officer's name comes off the promotion list, and — if the officer is below colonel (or, in the Navy, captain) — the officer is treated as having failed selection, if: (1) the Secretary has not authorized voluntary delays for that grade and the officer declines the promotion; (2) the Secretary has authorized delays but denied this officer's request, and the officer then declines; or (3) the Secretary approved the delay, and the officer declines once the delay period ends.