US Code
CHAPTER 1407— FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION
§ 14503. Discharge of officers with less than six 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 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.

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