PRIA Logo™
Title 10 — Armed ForcesRelease 119-73not60

§632 Effect of Failure of Selection for Promotion: Captains and Majors of the Army, Air Force, Marine Corps, and Space Force and Lieutenants and Lieutenant Commanders of the Navy

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 › § 632

Last updated Apr 3, 2026|Official source

Summary

If a captain or major in the Army, Air Force, Marine Corps, or Space Force, or a lieutenant or lieutenant commander in the Navy, fails selection for promotion to the next rank a second time and is not on the recommended list, then—except for certain Navy and Marine limited-duty officers covered by sections 8146(e) or 8372 and as allowed under section 637(a)—the officer must either be discharged or, if eligible, be retired on a date the officer requests and the Secretary approves. That date cannot be later than the first day of the seventh calendar month beginning after the month when the Secretary publicly releases the board’s promotion results for that second consideration. If the officer is within two years of qualifying for retirement under sections 7311, 8323, or 9311 on the discharge date, the officer stays on active duty until qualifying and then is retired. A discharge or retirement under these rules counts as involuntary for other laws. If the officer still has an active-duty service obligation when the discharge date arrives, the officer stays on active duty until that obligation is finished, unless the Secretary waives that hold because keeping the officer is not in the service’s best interest.

Full Legal Text

Title 10, §632

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) and except as provided under section 637(a) of this title, each officer of the Army, Air Force, Marine Corps, or Space Force on the active-duty list who holds the grade of captain or major, and each officer of the Navy on the active-duty list who holds the grade of lieutenant or lieutenant commander, who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall—
(1)except as provided in paragraph (3) and in subsection (c), be discharged 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;
(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 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)(1)If an officer is subject to discharge under subsection (a)(1) and, as of the date on which the officer is to be discharged under that subsection, the officer has not completed the officer’s active duty service obligation, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under subsection (a)(1), unless sooner retired or discharged under another provision of law.
(2)The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in the best interest of the service.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(2). Pub. L. 118–159, § 505(b)(2), 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”. Subsec. (c). Pub. L. 118–159, § 507, amended subsec. (c) generally. Prior to amendment, subsec. (c) related to retention of discharged health professions officers on active duty until completion of such active duty service obligation. 2023—Pub. L. 118–31, § 508(a)(1)(A), substituted “Marine Corps, and Space Force” for “and Marine Corps” in section catchline. Subsec. (a)(1). Pub. L. 118–31, § 508(a)(1)(B), substituted “Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “President approves the report of the board which considered him for the second time”. 2021—Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in introductory provisions. 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). 2004—Subsec. (c)(1). Pub. L. 108–375 substituted “paragraph (3)” for “paragraph (2)” and “under that subsection” for “under that paragraph” before “, the officer has not”. 2003—Subsec. (a)(1). Pub. L. 108–136, § 505(a)(1), inserted “except as provided in paragraph (3) and in subsection (c),” before “be discharged”. Subsec. (a)(3). Pub. L. 108–136, § 505(b), substituted “paragraph” for “clause”. Subsec. (c). Pub. L. 108–136, § 505(a)(2), added subsec. (c). 2001—Pub. L. 107–107, § 505(d)(4)(C), struck out “regular” before “captains and majors” and before “lieutenants and lieutenant commanders” 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.

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

of 2003 Amendment Pub. L. 108–136, div. A, title V, § 505(c), Nov. 24, 2003, 117 Stat. 1457, provided that: “The

Amendments

made by subsection (a) [amending this section] shall not apply in the case of an officer who as of the date of the enactment of this Act [Nov. 24, 2003] is required to be discharged under section 632(a)(1) of title 10, United States Code, by reason of having failed of selection for promotion to the next higher regular grade a second time.”

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. § 632

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60