10 U.S.C. § 632

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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

(a) 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-

(1) 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;

(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 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.

(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)

(1) If a health professions officer described in paragraph (3) 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 a period of active duty service obligation that the officer incurred under section 2005, 2114, 2123, or 2603 of this title, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under that subsection, unless sooner retired or discharged under another provision of law.

(2) 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.

(3) This subsection applies to a medical officer or dental officer or an officer appointed in a medical skill other than as a medical officer or dental officer (as defined in regulations prescribed by the Secretary of Defense).

10 U.S.C. § 632

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.

EDITORIAL NOTES

AMENDMENTS2023- Pub. L. 118-31, §508(a)(1)(A), substituted "Marine Corps, and Space Force" for "and Marine Corps" in section catchline.Subsec. (a)(1). Pub. L. 118-31, §508(a)(1)(B), substituted "Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public" for "President approves the report of the board which considered him for the second time".2021-Subsec. (a). Pub. L. 116-283 substituted "Marine Corps, or Space Force" for "or Marine Corps" in introductory provisions.2018-Subsec. (a). Pub. L. 115-232 substituted "section 8146(e) or 8372" for "section 5596(e) or 6383" in introductory provisions and "section 7311, 8323, or 9311" for "section 3911, 6323, or 8911" in par. (3).2004-Subsec. (c)(1). Pub. L. 108-375 substituted "paragraph (3)" for "paragraph (2)" and "under that subsection" for "under that paragraph" before ", the officer has not".2003-Subsec. (a)(1). Pub. L. 108-136, §505(a)(1), inserted "except as provided in paragraph (3) and in subsection (c)," before "be discharged".Subsec. (a)(3). Pub. L. 108-136, §505(b), substituted "paragraph" for "clause". Subsec. (c). Pub. L. 108-136, §505(a)(2), added subsec. (c). 2001- Pub. L. 107-107, §505(d)(4)(C), struck out "regular" before "captains and majors" and before "lieutenants and lieutenant commanders" in section catchline.Subsec. (a). Pub. L. 107-107, §505(d)(3), in introductory provisions, substituted "Army, Air Force, or Marine Corps on the active-duty list" for "Regular Army, Regular Air Force, or Regular Marine Corps" and "Navy on the active-duty list" for "Regular Navy" and struck out "regular" before "grade" wherever appearing.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232 set out as a note preceding section 3001 of this title.

EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-136, div. A, title V, §505(c), Nov. 24, 2003, 117 Stat. 1457, provided that: "The amendments made by subsection (a) [amending this section] shall not apply in the case of an officer who as of the date of the enactment of this Act [Nov. 24, 2003] is required to be discharged under section 632(a)(1) of title 10, United States Code, by reason of having failed of selection for promotion to the next higher regular grade a second time."

EFFECTIVE DATESection effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513 set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
active-duty list: The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
dental officer: The term "dental officer" means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
medical officer: The term "medical officer" means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer.
officer: The term "officer" means a commissioned or warrant officer.