10 USC 630 - Sec. 630. Discharge of commissioned officers with less then five years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)

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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 five 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.

Amendments

2003 - Par. (2). Pub. L. 108-136 substituted "paragraph" for "clause". 2001 - Pub. L. 107-107, Sec. 505(d)(4)(A), struck out "regular" before "commissioned officers" in section catchline.

Par. (1). Pub. L. 107-107, Sec. 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".

Section Referred To In Other Sections

This section is referred to in section 1174 of this title.