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10 U.S.C. § 14503 — Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14503 — Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)

**(a) Authorized Discharges.—** The Secretary of the military department concerned may discharge any reserve officer who— (1) has less than six years of service in an active status as a commissioned officer; or (2) 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). **(b) Time for Discharge.—** (1) An officer described in subsection (a)(2)— (A) may be discharged at any time after being found not qualified for promotion; and (B) if not sooner discharged, shall be discharged at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion. (2) Paragraph (1) shall not apply if the officer is sooner promoted. **(c) Regulations.—** Discharges under this section shall be made under regulations prescribed by the Secretary of Defense and may be made without regard to [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_76830348dbdd2d372963ac5c
Source file: Laws/federal/codes/united-states-code/title-10/section-14503-discharge-of-officers-with-less-than-six-years-of-commissioned-service-o--115361d022.md
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Passage SHA-256: 1adfa1734c3f0225ecf070d83f107cb0a68fe06b47338e330522c8b59bfbe0cd

Source location: Title 10, Chapter 1407, § 14503; chapter-1407-failure-of-selection-for-promotion-and-involuntary-separation.md

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**(a) Authorized Discharges.—** The Secretary of the military department concerned may discharge any reserve officer who— (1) has less than six years of service in an active status as a commissioned officer; or (2) 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). **(b) Time for Discharge.—** (1) An officer described in subsection (a)(2)— (A) may be discharged at any time after being found not qualified for promotion; and (B) if not sooner discharged, shall be discharged at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion. (2) Paragraph (1) shall not apply if the officer is sooner promoted. **(c) Regulations.—** Discharges under this section shall be made under regulations prescribed by the Secretary of Defense and may be made without regard to [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12645 — Commissioned officers: retention until completion of required service

**(a)** Except as provided in subsection (b), a reserve commissioned officer who has not completed the period of service required of him by [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or any other provision of law may not be discharged or transferred from an active status under chapter 843, 1407, 1409, or 1411 of this title or chapter 21 11 See References in Text note below. of title 14. Unless, under regulations prescribed by the Secretary concerned, he is promoted to a higher reserve grade, he shall be retained in an active status in his reserve grade for the rest of his period of required service and shall be an additional number to the authorized strength of his grade. **(b)** Subsection (a) does not prevent the discharge or transfer from an active status of— (1) a commissioned warrant officer; (2) an officer on the active-duty list or a reserve active-status list who is found not qualified for promotion to the grade of first lieutenant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy; (3) an officer on the active-duty list or reserve active-status list who has failed of selection for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an officer of the Navy; or (4) an officer whose discharge or transfer from an active status is required by law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3808 — Certain Navy contracts

**(a) Repair, Maintenance, or Overhaul of Naval Vessels: Rate for Progress Payments.—** The Secretary of the Navy shall provide that the rate for progress payments on any contract awarded by the Secretary for repair, maintenance, or overhaul of a naval vessel shall be not less than— (1) 95 percent, in the case of a firm considered to be a small business; and (2) 90 percent, in the case of any other firm. **(b) Authority to Advance Funds for Immediate Salvage Operations.—** The Secretary of the Navy may advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations. Advances under this subsection shall be made on terms that the Secretary considers adequate for the protection of the United States. **(c) Security for Construction and Conversion of Naval Vessels.—** The Secretary of the Navy shall provide, in each contract for construction or conversion of a naval vessel, that, when partial, progress, or other payments are made under such contract, the United States is secured by a lien upon work in progress and on property acquired for performance of the contract on account of all payments so made. The lien is paramount to all other liens.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8806 — Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices

**(a)** (1) The Secretary of the Navy shall procure and sell, for cash or credit— (A) articles designated by the Secretary to members of the Navy and Marine Corps; and (B) items of individual clothing and equipment to members of the Navy and Marine Corps, under such restrictions as the Secretary may prescribe. (2) An account of sales on credit shall be kept and the amount due reported to the Secretary. Except for articles and items acquired through the use of working capital funds under [section 2208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2208&num=0&edition=prelim), sales of articles shall be at cost, and sales of individual clothing and equipment shall be at average current prices, including overhead, as determined by the Secretary. **(b)** The Secretary shall sell subsistence supplies to members of other armed forces at the prices at which like property is sold to members of the Navy and Marine Corps. **(c)** The Secretary may sell serviceable supplies, other than subsistence supplies, to members of other armed forces for the buyers’ use in the service. The prices at which the supplies are sold shall be the same prices at which like property is sold to members of the Navy and Marine Corps. **(d)** A person who has been discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force and who is receiving care and medical treatment from the Public Health Service or the Department of Veterans Affairs may buy subsistence supplies and other supplies, except articles of uniform, at the prices at which like property is sold to members of the Navy and Marine Corps. **(e)** Under such conditions as the Secretary may prescribe, exterior articles of uniform may be sold

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8806

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14503 — Discharge of officers with less than six

Page 3746 TITLE 10—ARMED FORCES § 14503 a vote of a majority of the members of the spe- cial selection review board. (6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for pro- motion. (e) REPORTS.—(1) Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report, signed by each mem- ber of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. (2) The provisions of sections 14109(c), 14110, and 14111 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 14101(a) of this title. (f) APPOINTMENT OF PERSONS.—(1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 14308 of this title. (2) A person who is appointed to the next high- er grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allow- ances of that grade, and the same position on the reserve active-status list as the person would h

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