10 U.S.C. § 632 — Effect of failure of selection for promotion:

Page 618 TITLE 10—ARMED FORCES § 631 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 sec- tion 101 of this title. § 631. Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade) (a) Except an officer of the Navy and Marine Corps who is an officer designated for limited duty (to whom section 8146(e) or 8372 of this title applies), each officer of the Army, Air Force, Marine Corps, or Space Force on the active-duty list who holds the grade of first lieutenant and has failed of selection for promotion to the grade of captain for the second time, and each officer of the Navy on the active-duty list who holds the grade of lieutenant (junior grade) and has failed of selection for promotion to the grade of lieutenant for the second time, whose name is not on a list of officers recommended for promotion to the next higher grade shall— (1) be discharged on the date requested by him and approved by the Secretary of the military department concerned, which date shall be not later than the first day of the sev- enth calendar month beginning after the month in which the Secretary concerned re- leases the promotion results of the board which considered the officer 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, which date shall be not later than the first day of the seventh cal- endar month beginning after the month in which the Secretary concerned releases the promotion results of the board which consid- ered the officer for the second time to the pub- lic; or (3) if on the date on which he is to be dis- charged under paragraph (1) he is within two years of qualifying for retirement under sec- tion 7311, 8323, or 9311 of this title, be retained on active duty until he is qualified for retire- ment 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 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 who is subject to discharge under subsection (a)(1) is not eligible for further consideration for promotion. (d) For the purposes of this chapter, an officer of the Army, Air Force, Marine Corps, or Space Force who holds the grade of first lieutenant, and an officer of the Navy who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under sec- tion 611(a) of this title if such a board were con- vened but is not fully qualified for promotion when recommending for promotion under sec- tion 624(a)(3) of this title all fully qualified offi- cers of the officer’s armed force in such grade who would be eligible for such consideration. (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.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(1), (2). Pub. L. 118–159 substituted ‘‘the Secretary concerned releases the promotion re- sults 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 introduc- tory 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 ‘‘para- graph’’ for ‘‘clause’’. 2001—Pub. L. 107–107, § 505(d)(4)(B), struck out ‘‘reg- ular’’ 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, Reg- ular 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 sec- tion 101 of this title. § 632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieuten- ants and lieutenant commanders of the Navy (a) Except an officer of the Navy and Marine Corps who is an officer designated for limited duty (to whom section 8146(e) or 8372 of this title applies) and except as provided under section 637(a) of this title, each officer of the Army, Air Force, Marine Corps, or Space Force on the ac- Page 619 TITLE 10—ARMED FORCES § 633 tive-duty list who holds the grade of captain or major, and each officer of the Navy on the ac- tive-duty list who holds the grade of lieutenant or lieutenant commander, who has failed of se- lection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall— (1) except as provided in paragraph (3) and in subsection (c), be discharged on the date re- quested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Sec- retary concerned releases the promotion re- sults of the board which considered the officer 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, which date shall be not later than the first day of the seventh cal- endar month beginning after the month in which the Secretary concerned releases the promotion results of the board which consid- ered the officer for the second time to the pub- lic; or (3) if on the date on which he is to be dis- charged under paragraph (1) he is within two years of qualifying for retirement under sec- tion 7311, 8323, or 9311 of this title, be retained on active duty until he is qualified for retire- ment and then retired under that section, un- less he is sooner retired or discharged under another provision of law. (b) The retirement or discharge of an officer pursuant to this section shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law. (c)(1) If an officer is subject to discharge under subsection (a)(1) and, as of the date on which the officer is to be discharged under that subsection, the officer has not completed the officer’s active duty service obligation, the officer shall be re- tained on active duty until completion of such active duty service obligation, and then be dis- charged under subsection (a)(1), unless sooner retired or discharged under another provision of law. (2) The Secretary concerned may waive the ap- plicability of paragraph (1) to any officer if the Secretary determines that completion of the ac- tive duty service obligation of that officer is not in the best interest of the service. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2862; amended Pub. L. 107–107, div. A, title V, § 505(d)(3), (4)(C), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 108–136, div. A, title V, § 505(a), (b), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 108–375, div. A, title X, § 1084(d)(6), Oct. 28, 2004, 118 Stat. 2061; 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)(J), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 118–31, div. A, title V, § 508(a)(1), Dec. 22, 2023, 137 Stat. 242; Pub. L. 118–159, div. A, title V, §§ 505(b)(2), 507, Dec. 23, 2024, 138 Stat. 1869, 1871.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159, § 505(b)(2), sub- stituted ‘‘the Secretary concerned releases the pro- motion results of the board which considered the offi- cer for the second time to the public’’ for ‘‘the Presi- dent approves the report of the board which considered him for the second time’’. Subsec. (c). Pub. L. 118–159, § 507, amended subsec. (c) generally. Prior to amendment, subsec. (c) related to retention of discharged health professions officers on active duty until completion of such active duty serv- ice obligation. 2023—Pub. L. 118–31, § 508(a)(1)(A), substituted ‘‘Ma- rine Corps, and Space Force’’ for ‘‘and Marine Corps’’ in section catchline. Subsec. (a)(1). Pub. L. 118–31, § 508(a)(1)(B), substituted ‘‘Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public’’ for ‘‘President approves the report of the board which considered him for the second time’’. 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ in intro- ductory provisions. 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘section 8146(e) or 8372’’ for ‘‘section 5596(e) or 6383’’ in introduc- tory provisions and ‘‘section 7311, 8323, or 9311’’ for ‘‘section 3911, 6323, or 8911’’ in par. (3). 2004—Subsec. (c)(1). Pub. L. 108–375 substituted ‘‘para- graph (3)’’ for ‘‘paragraph (2)’’ and ‘‘under that sub- section’’ for ‘‘under that paragraph’’ before ‘‘, the offi- cer has not’’. 2003—Subsec. (a)(1). Pub. L. 108–136, § 505(a)(1), in- serted ‘‘except as provided in paragraph (3) and in sub- section (c),’’ before ‘‘be discharged’’. Subsec. (a)(3). Pub. L. 108–136, § 505(b), substituted ‘‘paragraph’’ for ‘‘clause’’. Subsec. (c). Pub. L. 108–136, § 505(a)(2), added subsec. (c). 2001—Pub. L. 107–107, § 505(d)(4)(C), struck out ‘‘reg- ular’’ before ‘‘captains and majors’’ and before ‘‘lieu- tenants and lieutenant commanders’’ in section catch- line. 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, Reg- ular Air Force, or Regular Marine Corps’’ and ‘‘Navy on the active-duty list’’ for ‘‘Regular Navy’’ and struck out ‘‘regular’’ before ‘‘grade’’ wherever appearing. 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 OF 2003 AMENDMENT Pub. L. 108–136, div. A, title V, § 505(c), Nov. 24, 2003, 117 Stat. 1457, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall not apply in the case of an officer who as of the date of the enactment of this Act [Nov. 24, 2003] is required to be discharged under section 632(a)(1) of title 10, United States Code, by reason of having failed of selection for promotion to the next higher regular grade a second time.’’ 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 sec- tion 101 of this title. § 633. Retirement for years of service: regular and Space Force lieutenant colonels; regular Navy commanders (a) 28 YEARS OF ACTIVE COMMISSIONED SERV- ICE.—(1) Except as provided in subsection (b) and