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Title 10, Armed ForcesRelease 119-110

§14503 Discharge of Officers with Less Than Six Years of Commissioned Service or Found Not Qualified for Promotion to First Lieutenant or Lieutenant (junior Grade)

Title 10 › Subtitle E — Reserve Components › PART III — PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › CHAPTER 1407 — FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION › § 14503

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the officer’s military department can discharge a reserve officer who has served less than six years as a commissioned officer, or who is a second lieutenant or ensign and has been found not qualified for promotion to first lieutenant or lieutenant (junior grade). If an officer is found not qualified for promotion, they can be discharged right away, and if not discharged sooner they must be discharged no later than 18 months after the first finding, unless they get promoted before then. These discharges follow rules the Secretary of Defense makes and can be done without following section 12645.

Full Legal Text

Title 10, §14503

Armed Forces, Source: USLM XML via OLRC

(a)Authorized Discharges.—
The Secretary of the military department concerned may discharge any reserve officer who—
(1)has less than six years of service in an active status as a commissioned officer; or
(2)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).
(b)Time for Discharge.—
(1)An officer described in subsection (a)(2)—
(A)may be discharged at any time after being found not qualified for promotion; and
(B)if not sooner discharged, shall be discharged at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.
(2)Paragraph (1) shall not apply if the officer is sooner promoted.
(c)Regulations.—
Discharges under this section shall be made under regulations prescribed by the Secretary of Defense and may be made without regard to section 12645 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 3819(b) and 8819(c) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(2), (c)(2).

Amendments

2008—Pub. L. 110–181, § 503(c)(2), substituted “six years” for “five years” in section catchline. Subsec. (a)(1). Pub. L. 110–181, § 503(c)(1), substituted “six years” for “five years”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. Rights for Officers With Over Three Years Service Pub. L. 103–337, div. A, title XVI, § 1689, Oct. 5, 1994, 108 Stat. 3025, provided that: “A reserve officer of the Army, Navy, Air Force, or Marine Corps who was in an active status on the day before the

Effective Date

of this title [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103–337, set out as an

Effective Date

note under section 10001 of this title] and who was subject to placement of the reserve active-status list on the

Effective Date

of this title may not be discharged under section 14503 of title 10, United States Code, as added by this title, until on or after the day on which that officer completes three years of continuous service as a reserve commissioned officer.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 14503

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110