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Title 10 — Armed ForcesRelease 119-73

§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)

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 36— - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter SUBCHAPTER III— - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR YEARS OF SERVICE › § 630

Last updated Apr 6, 2026|Official source

Summary

The Secretary of a military department can discharge an active-duty commissioned officer who has served less than six years, or a second lieutenant or ensign who is found not qualified for promotion to first lieutenant or lieutenant (junior grade). If a second lieutenant or ensign is found not qualified, the Secretary must discharge that officer at the end of the 18-month period starting on the date they were first found not qualified, unless the officer is promoted before then.

Full Legal Text

Title 10, §630

Armed Forces — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—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 Date

Section 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 630

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73