10 U.S.C. § 632 — Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy
submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 458 words · no verdicts yet
This section requires certain Army, Air Force, Marine Corps, Space Force, and Navy officers who twice fail promotion selection to leave active duty, retire, or remain briefly to qualify for retirement. It provides exceptions for limited-duty officers, promotion-list officers, and unfinished service obligations.
(a) Except for a limited-duty Navy or Marine Corps officer* covered by section 8146(e) or 8372, and except under section 637(a), an active-duty-list Army*, Air Force, Marine Corps, or Space Force captain or major, or Navy lieutenant or lieutenant commander, who fails selection for the next grade* twice and is not on a promotion list must: (1) unless (3) or (c) applies, be discharged on the date the officer requests and the Secretary approves, no later than the first day of the seventh calendar month after the month the second board’s results are publicly released; (2) if eligible for retirement under any law, retire under that law on a requested and approved date no later than that same deadline; or (3) if, on the discharge date under (1), within two years of qualifying under section 7311, 8323, or 9311, remain on active duty* until qualified and then retire under that section, unless sooner retired or discharged under another law. (b) Retirement or discharge under this section counts as involuntary for other laws. (c)(1) If subject to discharge under (a)(1) but the active-duty service obligation is unfinished on the discharge date, the officer remains until it ends, then is discharged under (a)(1), unless sooner retired or discharged under another law. (2) The Secretary may waive (1) if finishing the obligation is not in the service’s best interest.
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 active-duty list* who holds the grade* of captain or major, and each officer of the Navy on the active-duty list who holds the grade of lieutenant or lieutenant commander, 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 recommended for promotion to the next higher grade shall—
except as provided in paragraph (3) and in subsection (c), be discharged 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 Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public;
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 Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public; or
if on the date on which he is to be discharged under paragraph (1) he is within two years of qualifying for retirement under section 7311, 8323, or 9311 of this title, be retained on active duty* until he is qualified for retirement and then retired under that section, unless he is sooner retired or discharged under another provision of law.
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.
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 retained on active duty until completion of such active duty service obligation, and then be discharged under subsection (a)(1), unless sooner retired or discharged under another provision of law.
The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in the best interest of the service.
Source credit: (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.)
- 1980Enacted · Pub. L. 96-513 · 94 Stat. 2862
- 2001Amended · Pub. L. 107-107 · 115 Stat. 1088
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1457
- 2004Amended · Pub. L. 108-375 · 118 Stat. 2061
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1840
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3821
- 2023Amended · Pub. L. 118-31 · 137 Stat. 242
- 2024Amended · Pub. L. 118-159 · 138 Stat. 1869, 1871
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.
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