Title 10 › 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 › § 631
If a first lieutenant in the Army, Air Force, Marine Corps, or Space Force, or a Navy lieutenant (junior grade), fails selection for promotion to the next rank for the second time, the officer must either be discharged, be retired if eligible, or be kept on active duty until they qualify for retirement if they are within two years of qualifying under sections 7311, 8323, or 9311. Navy and Marine Corps limited‑duty officers covered by sections 8146(e) or 8372 are not covered by this rule. The officer picks a date, and the Secretary of the military department must approve it. That date cannot be later than the first day of the seventh calendar month beginning after the month in which the Secretary releases to the public the promotion results of the board that considered the officer the second time. Any retirement or discharge under this rule counts as involuntary for other laws. An officer who is discharged under the discharge option cannot be considered again for promotion. An officer is treated as having failed selection if the Secretary decides the officer would be eligible for consideration by a board under section 611(a) but is not “fully qualified” when the Secretary recommends all fully qualified officers under section 624(a)(3).
Full Legal Text
Armed Forces, Source: USLM XML via OLRC
Legislative History
Reference
Citation
10 U.S.C. § 631
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102