---
kind: "section"
citation: "10 U.S.C. § 630"
title: "10"
title_heading: "Armed Forces"
number: "630"
heading: "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)"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/630"
units:
  - "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"
---

# §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)


The [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned, under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense—

- (1) may discharge any [officer](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) who—
  - (A) has less than six years of active commissioned service; or
  - (B) is serving in the [grade](/usc/10/101.md?p=b-7) of second lieutenant or ensign and has been found not qualified for promotion to the [grade](/usc/10/101.md?p=b-7) of first lieutenant or lieutenant (junior [grade](/usc/10/101.md?p=b-7)); and
- (2) shall, unless the [officer](/usc/10/101.md?p=b-1) has been promoted, discharge any [officer](/usc/10/101.md?p=b-1) described in [paragraph (1)(B)](#1-B) at the end of the 18-month period beginning on the date on which the [officer](/usc/10/101.md?p=b-1) 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.)

## Notes

### 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.