10 U.S.C. § 631

Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade)

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(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), each officer of the Army, Air Force, Marine Corps, or Space Force on the active-duty list who holds the grade of first lieutenant and has failed of selection for promotion to the grade of captain for the second time, and each officer of the Navy on the active-duty list who holds the grade of lieutenant (junior grade) and has failed of selection for promotion to the grade of lieutenant for the second time, whose name is not on a list of officers recommended for promotion to the next higher grade shall—(1) be discharged on the date requested by him and approved by the Secretary of the military department 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 Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public; 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 be 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) An officer who is subject to discharge under subsection (a)(1) is not eligible for further consideration for promotion.(d) For the purposes of this chapter, an officer of the Army, Air Force, Marine Corps, or Space Force who holds the grade of first lieutenant, and an officer of the Navy who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 611(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 624(a)(3) of this title all fully qualified officers of the officer’s armed force in such grade who would be eligible for such consideration.(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98–525, title V, § 525(c), Oct. 19, 1984, 98 Stat. 2525; Pub. L. 107–107, div. A, title V, § 505(a)(2), (d)(3), (4)(B), Dec. 28, 2001, 115 Stat. 1086, 1088; Pub. L. 108–136, div. A, title V, § 505(b), Nov. 24, 2003, 117 Stat. 1457; 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)(I), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 118–159, div. A, title V, § 505(b)(1), Dec. 23, 2024, 138 Stat. 1869.)Editorial NotesAmendments

2024—Subsec. (a)(1), (2). Pub. L. 118–159 substituted “the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “the President approves the report of the board which considered him for the second time”.

2021—Subsecs. (a), (d). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in introductory provisions in subsec. (a) and in subsec. (d).

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).

2003—Subsec. (a)(3). Pub. L. 108–136 substituted “paragraph” for “clause”.

2001—Pub. L. 107–107, § 505(d)(4)(B), struck out “regular” before “first lieutenants” 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.

Subsec. (d). Pub. L. 107–107, § 505(a)(2), added subsec. (d).

1984—Subsec. (c). Pub. L. 98–525 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective 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

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 11 cases, 1983–2019 · leading case: Grier v. Grier, 731 S.W.2d 931 (Tex. 1987).

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Grier v. Grier, 731 S.W.2d 931 (Tex. 1987). · cites it 6× “§ 3299 (recodified at 10 U.S.C. §§ 631 , 632 [1983 & Supp.1986]).”

David W. Heisig v. The United States, 719 F.2d 1153 (Fed. Cir. 1983). “See 10 U.S.C. §§ 631 , 632 (1982). 4 . AR 635-40 § 2-2 provides in pertinent part: “ * * * Presumptions.”

Peoples v. United States, 87 Fed. Cl. 553 (Fed. Cl. 2009). “Because the advisory opinion does not cite or otherwise refer to 10 U.S.C. § 631 , the court presumes that the pronoun “it” that begins this sentence refers to the BCNR.”

Anderson v. United States, 59 Fed. Cl. 451 (Fed. Cl. 2004). · cites it 2× “His separation was dictated by 10 U.S.C. § 631 (a)(1) because he had been passed over for promotion to captain by two promotion boards: (a) [E]ach officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of first lieutenant and has…”

Gregory C. Porter v. United States, 163 F.3d 1304 (Fed. Cir. 1999). “Porter’s records have been corrected constructively to show reinstatement in active duty at the rank of first lieutenant as of August 31, 1985, up until at least six months after his second passover by the 1993 SSB, see 10 U.S.C. § 631 (a)91, (and longer if the 1993 SSBs’…”

Peoples v. United States, 101 Fed. Cl. 245 (Fed. Cl. 2011). “Because the advisory opinion does not cite or otherwise refer to 10 U.S.C. § 631 , the court presumes that the pronoun "it” that begins this sentence refers to the BCNR.”

Timothy W. Ricks v. United States, 278 F.3d 1360 (Fed. Cir. 2002). “10 U.S.C. §§ 631 , 632 (2000). The competitive promotion system is designed to ensure that only the most outstanding members of the officer corps are retained in service.”

Kinney v. United States, 51 Fed. Cl. 126 (Fed. Cl. 2001). “10 U.S.C. §§ 631 & 8383 (1994)); Norman, 392 F.”

Ricks v. United States, 65 Fed. Cl. 826 (Fed. Cl. 2005). “10 U.S.C. §§ 631 , 632 (2000). The competitive promotion system is designed to ensure that only the most outstanding members of the officer corps are retained in service.”

Hodakievic v. United States, 6 Cl. Ct. 499 (Ct. Cl. 1984). “2d 459 (1980); see also 10 U.S.C. § 631 (b). Since the issue was not comprehensively briefed and since it is concluded that defendant prevails on the merits of its summary judgment motion, the *501 jurisdiction issue raised by defendant need not be addressed at this time.”

Gregory v. Brown v. Robert L. Wilkie (Vet. App. 2019). · cites it 3× “§ 3303 was repealed and has been recodified at 10 U.S.C. § 631 . Subsection (a) provides, as relevant here, that an Army officer "who holds the grade of first lieutenant and has failed of selection for promotion to the grade of captain for the second time" shall "be discharged…”

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