2017 US Code
Title 10 - Armed Forces
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
Sec. 630 - Discharge of commissioned officers with less then six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)

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Citation 10 U.S.C. § 630 (2017)
Section Name §630. Discharge of commissioned officers with less then six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)
Section Text

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.

Source Credit

(Added Pub. L. 96–513, title I, §105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98–525, title XIV, §1405(11), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 107–107, div. A, title V, §505(d)(2), (4)(A), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 108–136, div. A, title V, §505(b), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 110–181, div. A, title V, §503(a)(1), (2), Jan. 28, 2008, 122 Stat. 95.)

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".

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.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
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
Sec. 630 - Discharge of commissioned officers with less then six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)
Contains section 630
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 94 Stat. 2861
98 Stat. 2622
115 Stat. 1088
117 Stat. 1457
122 Stat. 95
Public Law References Public Law 96-513, Public Law 98-525, Public Law 107-107, Public Law 108-136, Public Law 110-181
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