(1) may discharge any officer on the active-duty list who—(A) has less than six years of active commissioned service; or
(B) 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); and
(2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.
Structure US Code
Subtitle A— General Military Law
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
§ 627. Failure of selection for promotion
§ 628. Special selection boards
§ 628a. Special selection review boards
§ 629. Removal from a list of officers recommended for promotion
§ 633. Retirement for years of service: regular lieutenant colonels and commanders
§ 634. Retirement for years of service: regular colonels and Navy captains
§ 635. Retirement for years of service: regular brigadier generals and rear admirals (lower half)