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 have had pursuant to the original rec- ommendation for promotion of the promotion board concerned. (g) REGULATIONS.—(1) The Secretary of De- fense shall prescribe regulations to carry out this section. Such regulations shall apply uni- formly across the military departments. (2) Any regulation prescribed by the Secretary of a military department to supplement the reg- ulations prescribed pursuant to paragraph (1) may not take effect without the approval of the Secretary of Defense, in writing. (h) PROMOTION BOARD DEFINED.—In this sec- tion, the term ‘‘promotion board’’ means a se- lection board convened by the Secretary of a military department under section 14101(a) of this title. (Added Pub. L. 116–283, div. A, title V, § 505(b)(1), Jan. 1, 2021, 134 Stat. 3569; amended Pub. L. 118–31, div. A, title V, § 507(b), Dec. 22, 2023, 137 Stat. 242; Pub. L. 118–159, div. A, title V, § 506(b), Dec. 23, 2024, 138 Stat. 1871.) Editorial Notes AMENDMENTS 2024—Subsec. (d)(4)(A). Pub. L. 118–159 inserted ‘‘ranks in the upper half of an order of merit created by the special selection review board or’’ before ‘‘ranks on an order of merit created by the special selection re- view board as better qualified’’. 2023—Subsec. (a)(2)(B). Pub. L. 118–31 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘shall not be forwarded to the Secretary of De- fense, the President, or the Senate, as applicable, or in- cluded on a promotion list under section 14308(a) of this title.’’ § 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 dis- charge any reserve officer who— (1) has less than six years of service in an ac- tive status as a commissioned officer; or (2) is serving in the grade of second lieuten- ant 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 de- scribed 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 dis- charged at the end of the 18-month period be- ginning 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 sec- tion shall be made under regulations prescribed by the Secretary of Defense and may be made without regard to section 12645 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2949; amended Pub. L. 110–181, div. A, title V, § 503(c)(1), (2), Jan. 28, 2008, 122 Stat. 95.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsecs. (a) and (b) of this section were contained in sections 3819(b) and 8819(c) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(2), (c)(2). AMENDMENTS 2008—Pub. L. 110–181, § 503(c)(2), substituted ‘‘six years’’ for ‘‘five years’’ in section catchline. Subsec. (a)(1). Pub. L. 110–181, § 503(c)(1), substituted ‘‘six years’’ for ‘‘five years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE Pub. L. 103–337, div. A, title XVI, § 1689, Oct. 5, 1994, 108 Stat. 3025, provided that: ‘‘A reserve officer of the Army, Navy, Air Force, or Marine Corps who was in an active status on the day before the effective date of this title [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103–337, set out as an Effective Date note under sec- tion 10001 of this title] and who was subject to place- ment of the reserve active-status list on the effective date of this title may not be discharged under section 14503 of title 10, United States Code, as added by this Page 3747 TITLE 10—ARMED FORCES § 14506 1 So in original. title, until on or after the day on which that officer completes three years of continuous service as a re- serve commissioned officer.’’ § 14504. Effect of failure of selection for pro- motion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy (a) GENERAL RULE.—A first lieutenant on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers rec- ommended for promotion to the next higher grade shall be separated in accordance with sec- tion 14513 of this title not later than the first day of the seventh month after the month in which the Secretary concerned releases the pro- motion results of the board which considered the officer for the second time to the public. (b) EXCEPTIONS.—Subsection (a) does not apply (1) in the case of an officer retained as provided by regulation of the Secretary of the military department concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the the 1 Secretary concerned releases the pro- motion results of the board which considered the officer for the second time to the public, or (2) as provided in section 12646 or 12686 of this title. (c) OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) FOUND NOT FULLY QUALIFIED FOR PROMOTION.—For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenant, and an officer of the Navy on a reserve active-status list who holds the grade of lieutenant (junior grade), shall be treated as having failed of selec- tion for promotion if the Secretary of the mili- tary department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selec- tion board convened under section 14101(a) of this title if such a board were convened but is not fully qualified for promotion when recom- mending for promotion under section 14308(b)(4) of this title all fully qualified officers of the offi- cer’s armed force in such grade who would be el- igible for such consideration. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2950; amended Pub. L. 107–107, div. A, title V, § 505(b)(2), Dec. 28, 2001, 115 Stat. 1087; Pub. L. 118–159, div. A, title V, § 505(b)(4), Dec. 23, 2024, 138 Stat. 1870.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 505(b)(4)(A), 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 the officer for the second time’’. Subsec. (b). Pub. L. 118–159, § 505(b)(4)(B), substituted ‘‘the Secretary concerned releases the promotion re- sults of the board which considered the officer for the second time to the public’’ for ‘‘President approves the report of the selection board which resulted in the sec- ond failure’’. 2001—Subsec. (c). Pub. L. 107–107 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14505. Effect of failure of selection for pro- motion: reserve captains of the Army, Air Force, and Marine Corps and reserve lieuten- ants of the Navy Unless retained as provided in section 12646 or 12686 of this title, a captain on the reserve ac- tive-status list of the Army, Air Force, or Ma- rine Corps or a lieutenant on the reserve active- status list of the Navy who has failed of selec- tion 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 and who has not been selected for continuation on the reserve active-status list under section 14701 or 14701a of this title, shall be separated in accordance with section 14513 of this title not later than the first day of the seventh month after the month in which the Secretary concerned releases the promotion re- sults of the board which considered the officer for the second time to the public. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2950; amended Pub. L. 118–159, div. A, title V, §§ 505(b)(5), 513(c)(2), Dec. 23, 2024, 138 Stat. 1870, 1876.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, § 513(c)(2), inserted ‘‘or 14701a’’ after ‘‘14701’’. Pub. L. 118–159, § 505(b)(5), 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 the officer for the second time’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14506. Effect of failure of selection for pro- motion: reserve majors of the Army, Air Force, and Marine Corps and reserve lieuten- ant commanders of the Navy Unless retained as provided in section 12646, 12686, 14701, 14701a, or 14702 of this title, each re- serve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of major or lieutenant commander who has failed of selec- tion 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, if not earlier removed from the re- serve active-status list, be removed from that