Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart II - PERSONNELChapter 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST
Subchapter III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR YEARS OF SERVICE
Section 630 - Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)

10 U.S.C. § 630

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Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)
Section 630 - Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)

The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense-

(1) may discharge any officer on the active-duty list who-
(A) has less than six years of active commissioned service; or
(B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade); and
(2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.

10 U.S.C. § 630

Added Pub. L. 96-513, title I, §105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98-525, title XIV, §1405(11), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 107-107, div. A, title V, §505(d)(2), (4) (A), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 108-136, div. A, title V, §505(b), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 110-181, div. A, title V, §503(a)(1), (2), Jan. 28, 2008, 122 Stat. 95.

EDITORIAL NOTES

AMENDMENTS2008- Pub. L. 110-181, §503(a)(2), substituted "six years" for "five years" in section catchline.Par. (1)(A). Pub. L. 110-181, §503(a)(1), substituted "six years" for "five years". 2003-Par. (2). Pub. L. 108-136 substituted "paragraph" for "clause".2001- Pub. L. 107-107, §505(d)(4)(A), struck out "regular" before "commissioned officers" in section catchline.Par. (1). Pub. L. 107-107, §505(d)(2), struck out "regular" before "officer" in introductory provisions and before "grade of first lieutenant" in subpar. (B). 1984-Par. (2). Pub. L. 98-525 substituted "18-month" for "eighteen-month".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513 set out as an Effective Date of 1980 Amendment note under section 101 of this title.

active-duty list
The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
grade
The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer
The term "officer" means a commissioned or warrant officer.