§631 Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade)

Summary

Officers in the Army, Air Force, Marine Corps, or Space Force who are first lieutenants, and Navy officers who are lieutenants (junior grade), who fail promotion to the next rank a second time and are not on the list of those recommended, must either be discharged or retired. This does not apply to Navy or Marine limited-duty officers covered by sections 8146(e) or 8372. The officer may pick a discharge or retirement date that the military department’s Secretary approves, but that date cannot be later than the first day of the seventh calendar month beginning after the month when the Secretary releases the board’s second-round promotion results to the public. If the officer is within two years of qualifying for retirement under sections 7311, 8323, or 9311 on the planned discharge date, the officer must stay on active duty until they qualify and then be retired, unless they leave earlier under another rule. These retirements or discharges count as involuntary for other laws. An officer set for discharge cannot be considered again for promotion. The Secretary may also treat an officer as having failed selection if the officer would be eligible for a board under section 611(a) but is not “fully qualified” when recommending fully qualified officers under section 624(a)(3).