Title 10 — Armed ForcesRelease 119-73not60
§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 II— PERSONNEL › Chapter 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 › § 630
Summary
Service heads, under DoD rules, may discharge officers on active duty who have under six years' active commissioned service or who are second lieutenants/ensigns found unqualified for promotion. If found unqualified, they must be discharged 18 months after the finding unless promoted.
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 3, 2026
Release point: 119-73not60