---
kind: "section"
citation: "10 U.S.C. § 631"
title: "10"
title_heading: "Armed Forces"
number: "631"
heading: "Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade)"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/631"
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"
---

# §631. Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade)

- (a) Except an [officer](/usc/10/101.md?p=b-1) of the Navy and Marine Corps who is an [officer](/usc/10/101.md?p=b-1) designated for limited duty (to whom section [8146(e)](/usc/10/8146.md?p=e) or [8372](/usc/10/8372.md) of this title applies), each [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, Marine Corps, or Space Force on the [active-duty list](/usc/10/101.md?p=b-13) who holds the [grade](/usc/10/101.md?p=b-7) of first lieutenant and has failed of selection for promotion to the [grade](/usc/10/101.md?p=b-7) of captain for the second time, and each [officer](/usc/10/101.md?p=b-1) of the Navy on the [active-duty list](/usc/10/101.md?p=b-13) who holds the [grade](/usc/10/101.md?p=b-7) of lieutenant (junior [grade](/usc/10/101.md?p=b-7)) and has failed of selection for promotion to the [grade](/usc/10/101.md?p=b-7) of lieutenant for the second time, whose name is not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion to the next higher [grade](/usc/10/101.md?p=b-7) shall—
  - (1) be discharged on the date requested by him and approved by 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, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the [Secretary concerned](/usc/10/2801.md?p=c-5) [releases](/usc/10/2700.md?p=2) the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) 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](/usc/10/2801.md?p=c-5), which date shall be not later than the first day of the seventh calendar month beginning after the month in which the [Secretary concerned](/usc/10/2801.md?p=c-5) [releases](/usc/10/2700.md?p=2) the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) for the second time to the public; or
  - (3) if on the date on which he is to be discharged under [paragraph (1)](#a-1) he is within two years of qualifying for retirement under section [7311](/usc/10/7311.md), [8323](/usc/10/8323.md), or [9311](/usc/10/9311.md) of this title, be retained on [active duty](/usc/10/101.md?p=d-1) until he is qualified for retirement and then be retired under that section, unless he is sooner retired or discharged under another provision of law.
- (b) The retirement or discharge of an [officer](/usc/10/101.md?p=b-1) pursuant to this section shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law.
- (c) An [officer](/usc/10/101.md?p=b-1) who is subject to discharge under [subsection (a)(1)](#a-1) is not eligible for further consideration for promotion.
- (d) For the purposes of this chapter, an [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, Marine Corps, or Space Force who holds the [grade](/usc/10/101.md?p=b-7) of first lieutenant, and an [officer](/usc/10/101.md?p=b-1) of the Navy who holds the [grade](/usc/10/101.md?p=b-7) of lieutenant (junior [grade](/usc/10/101.md?p=b-7)), shall be treated as having failed of selection for promotion if 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 determines that the [officer](/usc/10/101.md?p=b-1) would be eligible for consideration for promotion to the next higher [grade](/usc/10/101.md?p=b-7) by a selection board convened under [section 611(a) of this title](/usc/10/611.md?p=a) if such a board were convened but is not fully qualified for promotion when recommending for promotion under [section 624(a)(3) of this title](/usc/10/624.md?p=a-3) all fully qualified [officers](/usc/10/101.md?p=b-1) of the [officer](/usc/10/101.md?p=b-1)’s armed force in such [grade](/usc/10/101.md?p=b-7) who would be eligible for such consideration.

## Source credit

(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98–525, title V, § 525(c), Oct. 19, 1984, 98 Stat. 2525; Pub. L. 107–107, div. A, title V, § 505(a)(2), (d)(3), (4)(B), Dec. 28, 2001, 115 Stat. 1086, 1088; Pub. L. 108–136, div. A, title V, § 505(b), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(I), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 118–159, div. A, title V, § 505(b)(1), Dec. 23, 2024, 138 Stat. 1869.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (a)(1), (2). Pub. L. 118–159 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”.

2021—Subsecs. (a), (d). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in introductory provisions in subsec. (a) and in subsec. (d).

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).

2003—Subsec. (a)(3). Pub. L. 108–136 substituted “paragraph” for “clause”.

2001—Pub. L. 107–107, § 505(d)(4)(B), struck out “regular” before “first lieutenants” 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.

Subsec. (d). Pub. L. 107–107, § 505(a)(2), added subsec. (d).

1984—Subsec. (c). Pub. L. 98–525 added subsec. (c).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment 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

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.