10 U.S.C. § 630

Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)

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The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense—(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.(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98–525, title XIV, § 1405(11), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 107–107, div. A, title V, § 505(d)(2), (4)(A), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 108–136, div. A, title V, § 505(b), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 110–181, div. A, title V, § 503(a)(1), (2), Jan. 28, 2008, 122 Stat. 95.)Editorial NotesAmendments

2008—Pub. L. 110–181, § 503(a)(2), substituted “six years” for “five years” in section catchline.

Par. (1)(A). Pub. L. 110–181, § 503(a)(1), substituted “six years” for “five years”.

2003—Par. (2). Pub. L. 108–136 substituted “paragraph” for “clause”.

2001—Pub. L. 107–107, § 505(d)(4)(A), struck out “regular” before “commissioned officers” in section catchline.

Par. (1). Pub. L. 107–107, § 505(d)(2), struck out “regular” before “officer” in introductory provisions and before “grade of first lieutenant” in subpar. (B).

1984—Par. (2). Pub. L. 98–525 substituted “18-month” for “eighteen-month”.

Statutory Notes and Related SubsidiariesEffective Date

Section 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.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1985–2022 · leading case: John D. Holley v. United States, 124 F.3d 1462 (Fed. Cir. 1997).

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John D. Holley v. United States, 124 F.3d 1462 (Fed. Cir. 1997). · cites it 5× “Although §§ 1181-1187 are not by their terms limited to officers with more than five years of commissioned service, 10 U.S.C. § 630 is specific to the discharge of officers with less than five years of service: 10 U.”

Holley v. United States, 32 Fed. Cl. 265 (Fed. Cl. 1994). · cites it 5× “, but was discharged pursuant to 10 U.S.C. § 630 (1981) which relates to the separation of Regular Army officer who have less than five years of service.”

Burns v. United States, 9 Cl. Ct. 273 (Ct. Cl. 1985). “Retaining a commissioned officer of the regular military establishment, notwithstanding two failures of selection for temporary promotion to the grade of lieutenant colonel, in lieu of discharging him from any military status, while releasing from active duty a Reserve officer…”

Ostler v. United States, 41 F. App'x 424 (Fed. Cir. 2002). · cites it 3× “Because Ostler was a probationary officer, with four years and four months of active service, his separation was governed instead by 10 U.S.C. § 630 . See id. (“10 U.S.C. § 630 is specific to the discharge of officers with less than five years of service.”

Pinto v. United States (Fed. Cl. 2022). “9 Even if the Army had erred in choosing to separate Pinto under ¶ 5-11 rather than ¶ 4- 2a(2), it would have been harmless error because Pinto would have been mandatorily discharged anyway under 10 U.S.C. § 630 (2), which requires any 2LT who has been found not qualified for…”

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