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Title 10 — Armed ForcesRelease 119-73not60

§631 Effect of Failure of Selection for Promotion: First Lieutenants and Lieutenants (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 › § 631

Last updated Apr 3, 2026|Official source

Summary

If a first lieutenant in the Army, Air Force, Marine Corps, or Space Force, or a lieutenant (junior grade) in the Navy, fails promotion to the next rank a second time, they must either be discharged or retired. The officer may pick a date for discharge or retirement that the service Secretary approves, but that date cannot be later than the first day of the seventh calendar month after the month the Secretary makes the promotion board’s results public. If the officer is already eligible for retirement, they can choose retirement instead of discharge. If they are within two years of qualifying for retirement under sections 7311, 8323, or 9311, they may stay on active duty until they qualify and then be retired. The discharge or retirement counts as involuntary for other laws. An officer who is discharged this way cannot be considered for promotion again. Also, the Secretary can decide an officer counts as having “failed selection” if the officer would be eligible to be considered by a promotion board but is not fully qualified when the Secretary recommends only fully qualified officers. This does not apply to Navy or Marine Corps limited‑duty officers covered by special rules.

Full Legal Text

Title 10, §631

Armed Forces — Source: USLM XML via OLRC

(a)Except an officer of the Navy and Marine Corps who is an officer designated for limited duty (to whom section 8146(e) or 8372 of this title applies), each officer of the Army, Air Force, Marine Corps, or Space Force on the active-duty list who holds the grade of first lieutenant and has failed of selection for promotion to the grade of captain for the second time, and each officer of the Navy on the active-duty list who holds the grade of lieutenant (junior grade) and has failed of selection for promotion to the grade of lieutenant for the second time, whose name is not on a list of officers recommended for promotion to the next higher grade shall—
(1)be discharged on the date requested by him and approved by the Secretary of the military department concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public;
(2)if he is eligible for retirement under any provision of law, be retired under that law on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public; or
(3)if on the date on which he is to be discharged under paragraph (1) he is within two years of qualifying for retirement under section 7311, 8323, or 9311 of this title, be retained on active duty until he is qualified for retirement and then be retired under that section, unless he is sooner retired or discharged under another provision of law.
(b)The retirement or discharge of an officer pursuant to this section shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law.
(c)An officer who is subject to discharge under subsection (a)(1) is not eligible for further consideration for promotion.
(d)For the purposes of this chapter, an officer of the Army, Air Force, Marine Corps, or Space Force who holds the grade of first lieutenant, and an officer of the Navy who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 611(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 624(a)(3) of this title all fully qualified officers of the officer’s armed force in such grade who would be eligible for such consideration.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(1), (2). Pub. L. 118–159 substituted “the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “the President approves the report of the board which considered him for the second time”. 2021—Subsecs. (a), (d). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in introductory provisions in subsec. (a) and in subsec. (d). 2018—Subsec. (a). Pub. L. 115–232 substituted “section 8146(e) or 8372” for “section 5596(e) or 6383” in introductory provisions and “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911” in par. (3). 2003—Subsec. (a)(3). Pub. L. 108–136 substituted “paragraph” for “clause”. 2001—Pub. L. 107–107, § 505(d)(4)(B), struck out “regular” before “first lieutenants” in section catchline. Subsec. (a). Pub. L. 107–107, § 505(d)(3), in introductory provisions, substituted “Army, Air Force, or Marine Corps on the active-duty list” for “Regular Army, Regular Air Force, or Regular Marine Corps” and “Navy on the active-duty list” for “Regular Navy” and struck out “regular” before “grade” wherever appearing. Subsec. (d). Pub. L. 107–107, § 505(a)(2), added subsec. (d). 1984—Subsec. (c). Pub. L. 98–525 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

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. § 631

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60