§630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)
10 U.S.C. § 630
The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense—
has less than six years of active commissioned service; or
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
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.
Notes, amendments, and revision history
(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”.
Statutory Notes and Related Subsidiaries
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.