
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 505(a)(2)]
[Document affected by Public Law 107-107 Section 505(d)(3)]
[Document affected by Public Law 107-107 Section 505(d)(4)(B)]
[CITE: 10USC631]

 
                         TITLE 10--ARMED FORCES
 
                    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
 
Sec. 631. Effect of failure of selection for promotion: regular 
        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 5596(e) or 6383 of this 
title applies), each officer of the Regular Army, Regular Air Force, or 
Regular Marine Corps who holds the regular grade of first lieutenant and 
has failed of selection for promotion to the regular grade of captain 
for the second time, and each officer of the Regular Navy who holds the 
regular grade of lieutenant (junior grade) and has failed of selection 
for promotion to the regular grade of lieutenant for the second time, 
whose name is not on a list of officers recommended for promotion to the 
next higher regular 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 seventh calendar month 
    beginning after the month in which the President approves the report 
    of the board which considered him for the second time;
        (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 calendar month beginning after the month in 
    which the President approves the report of the board which 
    considered him for the second time; or
        (3) if on the date on which he is to be discharged under clause 
    (1) he is within two years of qualifying for retirement under 
    section 3911, 6323, or 8911 of this title, be retained on active 
    duty 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 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.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2861; 
amended Pub. L. 98-525, title V, Sec. 525(c), Oct. 19, 1984, 98 Stat. 
2525.)


                               Amendments

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

                  Section Referred to in Other Sections

    This section is referred to in section 619 of this title.
