
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14503]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
    CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY 
                               SEPARATION
 
Sec. 14503. Discharge of officers with less than five 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 five 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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2949.)


                            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, Sec. 1629(a)(2), (c)(2).


            Rights for Officers With Over Three Years Service

    Section 1689 of title XVI of div. A of Pub. L. 103-337 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 section 10001 of this title] and who 
was subject to placement 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 title, until on or 
after the day on which that officer completes three years of continuous 
service as a reserve commissioned officer.''

                  Section Referred to in Other Sections

    This section is referred to in section 14703 of this title.
