U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 36— PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter SUBCHAPTER III— FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR YEARS OF SERVICE

10 U.S.C. § 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

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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) 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 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 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 an officer 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 the officer’s active duty service obligation, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under subsection (a)(1), 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.(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; Pub. L. 118–159, div. A, title V, §§ 505(b)(2), 507, Dec. 23, 2024, 138 Stat. 1869, 1871.)Editorial NotesAmendments

2024—Subsec. (a)(2). Pub. L. 118–159, § 505(b)(2), 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”.

Subsec. (c). Pub. L. 118–159, § 507, amended subsec. (c) generally. Prior to amendment, subsec. (c) related to retention of discharged health professions officers on active duty until completion of such active duty service obligation.

2023—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 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 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 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 69 cases (6 in the last 5 years), 1982–2026 · leading case: Baude v. United States
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Baude v. United States (2020) cafc · cites it 4× “In relevant part, the regulation reads as follows: A commissioned officer on the Active Duty List in the grade of O-4 who is subject to discharge accord- ing to [ 10 U.S.C. § 632 ] shall normally be selected for continuation if the officer will qualify for retire- ment .”
Peoples v. United States (2009) uscfc · cites it 3× “*571 10 U.S.C. § 632 (a) (1994 & Supp. Ill 1998); accord SECNAVINST 1920.”
David C. Roth v. United States (2004) cafc · cites it 2× “10 U.S.C. § 632 (2000). 3 . See 10 U.S.C.”
Timothy W. Ricks v. United States (2002) cafc · cites it 11× “Ricks’s retirement met the requirements of 10 U.S.C. § 632 , his retirement must be considered involuntary by the terms of that statute.”
Danny T. Barnes, Plaintiff-Cross v. United States (2007) cafc · cites it 3× “This case concerns a Navy officer who was involuntarily discharged following his second non-selection for promotion, in accordance with 10 U.S.C. § 632 (a). The government appeals from a final judgment of the United States Court of Federal Claims, reinstating Danny T.”
Santana v. United States (2016) uscfc · cites it 4× “LCDR Santana alleges that, after seventeen years of service, she was forced to retire under 10 U.S.C. § 632 1 after she was passed *54 over twice by promotion boards and then a continuation board did not recommend her for continued active duty service.”
Thomas E. Rigsbee v. United States (2000) cafc · cites it 9× “As a result, and in accordance with 10 U.S.C. § 632 (a), he was forced either to retire or to be discharged.”
Stewart v. Stackley (2017) dcd · cites it 2× “See 10 U.S.C. § 632 . Plaintiff was considered for promotion to Major by the FY14 U.”
Loeh v. United States (2003) uscfc · cites it 6× “10 U.S.C. § 632 (a). At the time the FYOO selection board failed to recommend plaintiff for promotion, he had completed over 18 years of active service.”
Anderson v. United States (2004) uscfc · cites it 2× “This request hypothetically assumes that, if restored to duty as a captain on the active-duty list, Anderson would be passed over by two selection hoards for promotion to major and thus that he would be involuntarily discharged pursuant to 10 U.S.C. § 632 (a). . The government…”
Haselrig v. United States (2002) uscfc · cites it 4× “Major Haselrig was nonselected for promotion to lieutenant colonel on three occasions by regular promotion boards, and, pursuant to 10 U.S.C § 632 (1988), was involuntarily retired from the service.”
Adair v. England (2006) dcd · cites it 2× “The defendants counter that the Navy must discharge Belt not due to a recent change in naval policy but due to 10 U.S.C. § 632 , which provides that lieutenants or lieutenant commanders who have twice failed selection fer promotion to the next higher grade shall, except in…”
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— 10 U.S.C. § 632(a) — 1 case
Baude v. United States (2018) uscfc
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