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

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 163 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the military discharge a reserve officer who has less than six years of active commissioned service, or a second lieutenant or ensign found not qualified for the next promotion. An officer in that second group must be discharged within 18 months of being found not qualified, unless promoted first.

(a) Authorized Discharges — The Secretary of the military department may discharge any reserve officer who (1) has less than six years of active-status service as a commissioned officer, or (2) is a second lieutenant or ensign found not qualified for promotion to first lieutenant or lieutenant (junior grade). (b) Time for Discharge — (1) An officer described in (a)(2) (A) may be discharged any time after being found not qualified for promotion, and (B) if not sooner discharged, must be discharged at the end of the 18-month period beginning when the officer was first found not qualified. (2) This doesn't apply if the officer is promoted before then. (c) Regulations — Discharges under this section follow regulations the Secretary of Defense prescribes and can happen without regard to section 12645 of this title.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2949
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 95

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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