---
kind: "range"
citation: "10 U.S.C. §§ 627–632"
title: "10"
from: "627"
to: "632"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/10/627..632"
---

# §627. Failure of selection for promotion


An [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) below the [grade](/usc/10/101.md?p=b-7) of colonel or, in the case of an [officer](/usc/10/101.md?p=b-1) of the Navy, captain who is in or above the [promotion zone](/usc/10/645.md?p=1) established for his [grade](/usc/10/101.md?p=b-7) and competitive category under [section 623 of this title](/usc/10/623.md) and is considered but not selected for promotion by a [selection board](/usc/10/1558.md?p=b-2-A) convened under [section 611(a) of this title](/usc/10/611.md?p=a) shall be considered to have failed of selection for promotion.


# §628. Special selection boards

- (a) **Persons Not Considered by Promotion Boards Due to Administrative Error.—**
  - (1) If the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines that because of administrative error a person who should have been considered for selection for promotion from in or above the [promotion zone](/usc/10/645.md?p=1) by a [promotion board](#k) was not so considered, the Secretary shall convene a special [selection board](/usc/10/1558.md?p=b-2-A) under this subsection to determine whether that person (whether or not then on [active duty](/usc/10/101.md?p=d-1)) should be recommended for promotion.
  - (2) A special [selection board](/usc/10/1558.md?p=b-2-A) convened under [paragraph (1)](#a-1) shall consider the record of the person whose name was referred to it for consideration as that record would have appeared to the board that should have considered him. That record shall be compared with a sampling of the records of those [officers](/usc/10/101.md?p=b-1) of the same competitive category who were recommended for promotion, and those [officers](/usc/10/101.md?p=b-1) who were not recommended for promotion, by the board that should have considered him.
  - (3) If a special [selection board](/usc/10/1558.md?p=b-2-A) convened under [paragraph (1)](#a-1) does not recommend for promotion a person whose name was referred to it for consideration for selection for appointment to a [grade](/usc/10/101.md?p=b-7) other than a [general officer](/usc/10/101.md?p=b-4) or [flag officer](/usc/10/101.md?p=b-5) [grade](/usc/10/101.md?p=b-7), the person shall be considered to have failed of selection for promotion.
- (b) **Persons Considered by Promotion Boards in Unfair Manner.—**
  - (1) If the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines, in the case of a person who was considered for selection for promotion by a [promotion board](#k) but was not selected, that there was material unfairness with respect to that person, the Secretary may convene a special [selection board](/usc/10/1558.md?p=b-2-A) under this subsection to determine whether that person (whether or not then on [active duty](/usc/10/101.md?p=d-1)) should be recommended for promotion. In order to determine that there was material unfairness, the Secretary must determine that—
    - (A) the action of the [promotion board](#k) that considered the person was contrary to law in a matter material to the decision of the board or involved material error of fact or material administrative error; or
    - (B) the board did not have before it for its consideration material information.
  - (2) A special [selection board](/usc/10/1558.md?p=b-2-A) convened under [paragraph (1)](#b-1) shall consider the record of the person whose name was referred to it for consideration as that record, if corrected, would have appeared to the board that considered him. That record shall be compared with the records of a sampling of those [officers](/usc/10/101.md?p=b-1) of the same competitive category who were recommended for promotion, and those [officers](/usc/10/101.md?p=b-1) who were not recommended for promotion, by the board that considered him.
  - (3) If a special [selection board](/usc/10/1558.md?p=b-2-A) convened under [paragraph (1)](#b-1) does not recommend for promotion a person whose name was referred to it for consideration, the person incurs no additional failure of selection for promotion.
- (c) **Reports of Boards.—**
  - (1) Each special [selection board](/usc/10/1558.md?p=b-2-A) convened under this section shall submit to the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned a written report, signed by each [member](/usc/10/1408.md?p=a-5) of the board, containing the name of each person it recommends for promotion and certifying that the board has carefully considered the record of each person whose name was referred to it.
  - (2) The provisions of sections [617(b)](/usc/10/617.md?p=b) and [618](/usc/10/618.md) of this title apply to the report and proceedings of a special [selection board](/usc/10/1558.md?p=b-2-A) convened under this section in the same manner as they apply to the report and proceedings of a [selection board](/usc/10/1558.md?p=b-2-A) convened under [section 611(a) of this title](/usc/10/611.md?p=a). However, in the case of a board convened under this section to consider a [warrant officer](/usc/10/101.md?p=b-3) or former [warrant officer](/usc/10/101.md?p=b-3), the provisions of sections [576(d)](/usc/10/576.md?p=d), [576(f)](/usc/10/576.md?p=f), and [613a](/usc/10/613a.md) of this title (rather than the provisions of sections [617(b)](/usc/10/617.md?p=b) and [618](/usc/10/618.md) of this title) apply to the report and proceedings of the board in the same manner as they apply to the report and proceedings of a [selection board](/usc/10/1558.md?p=b-2-A) convened under [section 573 of this title](/usc/10/573.md).
- (d) **Appointment of Persons Selected by Boards.—**
  - (1) If the report of a special [selection board](/usc/10/1558.md?p=b-2-A) convened under this section, as approved by the President, recommends for promotion to the next higher [grade](/usc/10/101.md?p=b-7) a person whose name was referred to it for consideration, that person shall, as soon as practicable, be appointed to that [grade](/usc/10/101.md?p=b-7) in accordance with subsections (b), (c), and (d) of [section 624 of this title](/usc/10/624.md). However, in the case of a board convened under this section to consider a [warrant officer](/usc/10/101.md?p=b-3) or former [warrant officer](/usc/10/101.md?p=b-3), if the report of that board, as approved by the [Secretary concerned](/usc/10/101.md?p=a-9), recommends that [warrant officer](/usc/10/101.md?p=b-3) or former [warrant officer](/usc/10/101.md?p=b-3) for promotion to the next higher [grade](/usc/10/101.md?p=b-7), that person shall, as soon as practicable, be appointed to the next higher [grade](/usc/10/101.md?p=b-7) in accordance with provisions of [section 578(c) of this title](/usc/10/578.md?p=c) (rather than subsections (b), (c), and (d) of [section 624 of this title](/usc/10/624.md)).
  - (2) A person who is appointed to the next higher [grade](/usc/10/101.md?p=b-7) as the result of the recommendation of a special [selection board](/usc/10/1558.md?p=b-2-A) convened under this section shall, upon that appointment, have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for the [pay](/usc/10/101.md?p=a-15) and allowances of that [grade](/usc/10/101.md?p=b-7), and the same position on the [active-duty list](/usc/10/101.md?p=b-13) as he would have had if he had been recommended for promotion to that [grade](/usc/10/101.md?p=b-7) by the board which should have considered, or which did consider, him. In the case of a person who is not on the [active-duty list](/usc/10/101.md?p=b-13) when appointed to the next higher [grade](/usc/10/101.md?p=b-7), placement of that person on the [active-duty list](/usc/10/101.md?p=b-13) pursuant to the preceding sentence shall be only for purposes of determination of eligibility of that person for consideration for promotion by any subsequent special [selection board](/usc/10/1558.md?p=b-2-A) under this section.
- (e) **Deceased Persons.—** If a person whose name is being considered for referral to a special [selection board](/usc/10/1558.md?p=b-2-A) under this section dies before the completion of proceedings under this section with respect to that person, this section shall be applied to that person posthumously.
- (f) **Convening of Boards.—** A board convened under this section—
  - (1) shall be convened under regulations prescribed by the Secretary of Defense;
  - (2) shall be composed in accordance with [section 612 of this title](/usc/10/612.md) or, in the case of board to consider a [warrant officer](/usc/10/101.md?p=b-3) or former [warrant officer](/usc/10/101.md?p=b-3), in accordance with [section 573 of this title](/usc/10/573.md) and regulations prescribed by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned; and
  - (3) shall be subject to the provisions of [section 613 of this title](/usc/10/613.md).
- (g) **Judicial Review.—**
  - (1)
    - (A) A [court](/usc/10/704.md?p=c-3-A) of the [United States](/usc/10/101.md?p=a-1) may review a determination by the Secretary of a military [department](/usc/10/101.md?p=a-6) under subsection [(a)(1)](#a-1) or [(b)(1)](#b-1) not to convene a special [selection board](/usc/10/1558.md?p=b-2-A) in the case of any person. In any such case, the [court](/usc/10/704.md?p=c-3-A) may set aside the Secretary’s determination only if the [court](/usc/10/704.md?p=c-3-A) finds the determination to be—
      - (i) arbitrary or capricious;
      - (ii) not based on substantial evidence;
      - (iii) a result of material error of fact or material administrative error; or
      - (iv) otherwise contrary to law.
    - (B) If a [court](/usc/10/704.md?p=c-3-A) sets aside a determination by the Secretary of a military [department](/usc/10/101.md?p=a-6) not to convene a special [selection board](/usc/10/1558.md?p=b-2-A) under this section, it shall remand the case to the [Secretary concerned](/usc/10/101.md?p=a-9), who shall provide for consideration by such a board.
  - (2) A [court](/usc/10/704.md?p=c-3-A) of the [United States](/usc/10/101.md?p=a-1) may review the action of a special [selection board](/usc/10/1558.md?p=b-2-A) convened under this section or an action of the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned on the report of such a board. In any such case, a [court](/usc/10/704.md?p=c-3-A) may set aside the action only if the [court](/usc/10/704.md?p=c-3-A) finds that the action was—
    - (A) arbitrary or capricious;
    - (B) not based on substantial evidence;
    - (C) a result of material error of fact or material administrative error; or
    - (D) otherwise contrary to law.
  - (3)
    - (A) If, six months after receiving a complete application for consideration by a special [selection board](/usc/10/1558.md?p=b-2-A) under this section in any case, the [Secretary concerned](/usc/10/101.md?p=a-9) has not convened such a board and has not denied consideration by such a board in that case, the Secretary shall be deemed for the purposes of this subsection to have denied the consideration of the case by such a board.
    - (B) If, six months after the convening of a special [selection board](/usc/10/1558.md?p=b-2-A) under this section in any case, the [Secretary concerned](/usc/10/101.md?p=a-9) has not taken final action on the report of the board, the Secretary shall be deemed for the purposes of this subsection to have denied relief in such case.
    - (C) Under regulations prescribed under [subsection (j)](#j), the Secretary of a military [department](/usc/10/101.md?p=a-6) may waive the applicability of subparagraph [(A)](#g-3-A) or [(B)](#g-3-B) in a case if the Secretary determines that a longer period for consideration of the case is warranted. Such a waiver may be for an additional period of not more than six months. The [Secretary concerned](/usc/10/101.md?p=a-9) may not delegate authority to make a determination under this subparagraph.
- (h) **Limitations of Other Jurisdiction.—** No official or [court](/usc/10/704.md?p=c-3-A) of the [United States](/usc/10/101.md?p=a-1) may, with respect to a claim based to any extent on the failure of a person to be selected for promotion by a [promotion board](#k)—
  - (1) consider the claim unless the person has first been referred by the [Secretary concerned](/usc/10/101.md?p=a-9) to a special [selection board](/usc/10/1558.md?p=b-2-A) convened under this section and acted upon by that board and the report of the board has been approved by the President; or
  - (2) except as provided in [subsection (g)](#g), grant any relief on the claim unless the person has been selected for promotion by a special [selection board](/usc/10/1558.md?p=b-2-A) convened under this section to consider the person for recommendation for promotion and the report of the board has been approved by the President.
- (i) **Existing Jurisdiction.—** Nothing in this section limits—
  - (1) the jurisdiction of any [court](/usc/10/704.md?p=c-3-A) of the [United States](/usc/10/101.md?p=a-1) under any provision of law to determine the validity of any law, regulation, or policy relating to [selection boards](/usc/10/1558.md?p=b-2-A); or
  - (2) the authority of the Secretary of a military [department](/usc/10/101.md?p=a-6) to correct a military record under [section 1552 of this title](/usc/10/1552.md).
- (j) **Regulations.—**
  - (1) The Secretary of each military [department](/usc/10/101.md?p=a-6) shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to [subsection (g)](#g), other than to [paragraph (3)(C)](#g-3-C) of that subsection.
  - (2) The Secretary may prescribe in the regulations under [paragraph (1)](#j-1) the circumstances under which consideration by a special [selection board](/usc/10/1558.md?p=b-2-A) may be provided for under this section, including the following:
    - (A) The circumstances under which consideration of a person’s case by a special [selection board](/usc/10/1558.md?p=b-2-A) is contingent upon application by or for that person.
    - (B) Any time limits applicable to the filing of an application for such consideration.
  - (3) Regulations prescribed by the Secretary of a military [department](/usc/10/101.md?p=a-6) under this subsection may not take effect until approved by the Secretary of Defense.
- (k) **Promotion Board Defined.—** In this section, the term “promotion board” means a [selection board](/usc/10/1558.md?p=b-2-A) convened by the Secretary of a military [department](/usc/10/101.md?p=a-6) under section [573(a)](/usc/10/573.md?p=a) or [611(a)](/usc/10/611.md?p=a) of this title.

# §628a. Special selection review boards

- (a) **In General.—**
  - (1)
    - (A) If the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines that a person recommended by a [promotion board](#h) for promotion to a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 615(a)(3)(A) of this title](/usc/10/615.md?p=a-3-A), that was not furnished to the [promotion board](#h) during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained.
    - (B) Nothing in this section shall be construed to prevent a [Secretary concerned](/usc/10/101.md?p=a-9) from deferring consideration of adverse information concerning an [officer](/usc/10/101.md?p=b-1) subject to this section until the next regularly scheduled [promotion board](#h) applicable to such [officer](/usc/10/101.md?p=b-1), in lieu of furnishing such adverse information to a special selection review board under this section.
  - (2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person—
    - (A) shall not be disseminated or publicly released on the list of [officers](/usc/10/101.md?p=b-1) recommended for promotion by the [promotion board](#h) recommending the promotion of the person; and
    - (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.
- (b) **Convening.—**
  - (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of [section 628(f) of this title](/usc/10/628.md?p=f).
  - (2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall specify in convening such special selection review board.
- (c) **Information Considered.—**
  - (1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following:
    - (A) The record and information concerning the person furnished in accordance with [section 615(a)(2) of this title](/usc/10/615.md?p=a-2) to the [promotion board](#h) that recommended the person for promotion.
    - (B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in [section 615(a)(3)(A) of this title](/usc/10/615.md?p=a-3-A).
  - (2) The furnishing of information to a special selection review board under [paragraph (1)(B)](#c-1-B) shall be governed by the standards and procedures referred to in paragraph (3)(C) of [section 615(a) of this title](/usc/10/615.md?p=a) applicable to the furnishing of information described in [paragraph (3)(A)](/usc/10/615.md?p=a-3-A) of such section to [selection boards](/usc/10/1558.md?p=b-2-A) in accordance with that section.
  - (3)
    - (A) Before information on a person described in [paragraph (1)(B)](#c-1-B) is furnished to a special selection review board for purposes of this section, the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall ensure that—
      - (i) such information is made available to the person; and
      - (ii) subject to subparagraphs [(C)](#c-3-C) and [(D)](#c-3-D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section.
    - (B) If information on a person described in [paragraph (1)(B)](#c-1-B) is not made available to the person as otherwise required by [subparagraph (A)(i)](#c-3-A-i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s authorization for access to classified information.
    - (C)
      - (i) An opportunity to submit comments on information is not required for a person under [subparagraph (A)(ii)](#c-3-A-ii) if—
        - (I) such information was made available to the person in connection with the furnishing of such information under [section 615(a) of this title](/usc/10/615.md?p=a) to the [promotion board](#h) that recommended the promotion of the person subject to review under this section; and
        - (II) the person submitted comments on such information to that [promotion board](#h).
      - (ii) The comments on information of a person described in [clause (i)(II)](#c-3-C-i-II) shall be furnished to the special selection review board.
    - (D) A person may waive either or both of the following:
      - (i) The right to submit comments to a special selection review board under [subparagraph (A)(ii)](#c-3-A-ii).
      - (ii) The furnishing of comments to a special selection review board under [subparagraph (C)(ii)](#c-3-C-ii).
- (d) **Consideration.—**
  - (1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those [officers](/usc/10/101.md?p=b-1) of the same competitive category who were recommended for promotion by the [promotion board](#h) that recommended the person for promotion, and an appropriate sampling of the records of those [officers](/usc/10/101.md?p=b-1) who were considered by and not recommended for promotion by that [promotion board](#h).
  - (2) Records and information shall be presented to a special selection review board for purposes of [paragraph (1)](#d-1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened.
  - (3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the [promotion board](#h) that recommended the person for promotion.
  - (4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person—
    - (A) [ranks](/usc/10/101.md?p=b-8) in the upper half of an order of merit created by the special selection review board or [ranks](/usc/10/101.md?p=b-8) on an order of merit created by the special selection review board as better qualified for promotion than the sample [officer](/usc/10/101.md?p=b-1) highest on the order of merit list who was considered by and not recommended for promotion by the [promotion board](#h) concerned; and
    - (B) is comparable in qualification for promotion to those sample [officers](/usc/10/101.md?p=b-1) who were recommended for promotion by that [promotion board](#h).
  - (5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the [members](/usc/10/1408.md?p=a-5) of the special selection review board.
  - (6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion.
- (e) **Reports.—**
  - (1) Each special selection review board convened under this section shall submit to the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned a written report, signed by each [member](/usc/10/1408.md?p=a-5) of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it.
  - (2) The provisions of sections [617(b)](/usc/10/617.md?p=b) and [618](/usc/10/618.md) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a [promotion board](#h) convened under [section 611(a) of this title](/usc/10/611.md?p=a). However, in the case of an [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list, the provisions of sections [618](/usc/10/618.md), [20215](/usc/10/20215.md), and [20216](/usc/10/20216.md) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a [promotion board](#h) convened under [section 20211 of this title](/usc/10/20211.md).
- (f) **Appointment of Persons.—**
  - (1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher [grade](/usc/10/101.md?p=b-7) of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that [grade](/usc/10/101.md?p=b-7) in accordance with subsections (b) and (c) of [section 624 of this title](/usc/10/624.md). However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list who was referred to it for review under this section, and the President approves the report, the [officer](/usc/10/101.md?p=b-1) shall, as soon as practicable, be appointed to the [grade](/usc/10/101.md?p=b-7) in accordance with subsections (b) and (c) of [section 20252 of this title](/usc/10/20252.md).
  - (2) A person who is appointed to the next higher [grade](/usc/10/101.md?p=b-7) as described in [paragraph (1)](#f-1) shall, upon that appointment, have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for the [pay](/usc/10/101.md?p=a-15) and allowances of that [grade](/usc/10/101.md?p=b-7), and the same position on the [active-duty list](/usc/10/101.md?p=b-13) as the person would have had pursuant to the [original](/usc/10/101.md?p=b-10) recommendation for promotion of the [promotion board](#h) concerned.
- (g) **Regulations.—**
  - (1) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly across the [military departments](/usc/10/101.md?p=a-8).
  - (2) Any regulation prescribed by the Secretary of a military [department](/usc/10/101.md?p=a-6) to supplement the regulations prescribed pursuant to [paragraph (1)](#g-1) may not take effect without the approval of the Secretary of Defense, in writing.
- (h) **Promotion Board Defined.—** In this section, the term “promotion board” means a [selection board](/usc/10/1558.md?p=b-2-A) convened by the Secretary of a military [department](/usc/10/101.md?p=a-6) under [section 611(a) of this title](/usc/10/611.md?p=a).

# §629. Removal from a list of officers recommended for promotion

- (a) **Removal by President.—** The President may remove the name of any [officer](/usc/10/101.md?p=b-1) from a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion by a [selection board](/usc/10/1558.md?p=b-2-A) convened under this chapter. The President shall notify the [congressional defense committees](/usc/10/101.md?p=a-16) not later than 30 days after removing the name of an [officer](/usc/10/101.md?p=b-1) from such list for any reason other than misconduct.
- (b) **Removal Due to Senate Not Giving Advice and Consent.—** If, after consideration of a list of [officers](/usc/10/101.md?p=b-1) approved for promotion by the President to a [grade](/usc/10/101.md?p=b-7) for which appointment is required by [section 624(c) of this title](/usc/10/624.md?p=c) to be made by and with the advice and consent of the Senate, the Senate does not give its advice and consent to the appointment of an [officer](/usc/10/101.md?p=b-1) whose name is on the list, that [officer](/usc/10/101.md?p=b-1)’s name shall be removed from the list.
- (c) **Removal After 18 Months.—**
  - (1) If an [officer](/usc/10/101.md?p=b-1) whose name is on a list of [officers](/usc/10/101.md?p=b-1) approved for promotion under [section 624(a) of this title](/usc/10/624.md?p=a) to a [grade](/usc/10/101.md?p=b-7) for which appointment is required by [section 624(c) of this title](/usc/10/624.md?p=c) to be made by and with the advice and consent of the Senate is not appointed to that [grade](/usc/10/101.md?p=b-7) under such section during the [officer](/usc/10/101.md?p=b-1)’s [promotion eligibility period](#c-4), the [officer](/usc/10/101.md?p=b-1)’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
  - (2) Before the end of the [promotion eligibility period](#c-4) with respect to an [officer](/usc/10/101.md?p=b-1) under [paragraph (1)](#c-1), the President may extend that period for purposes of [paragraph (1)](#c-1) by an additional 12 months.
  - (3) [Paragraph (1)](#c-1) does not apply when the military [department](/usc/10/101.md?p=a-6) concerned is not able to obtain and provide to the Senate the information the Senate requires to give its advice and consent to the appointment concerned because that information is under the control of a [department](/usc/10/101.md?p=a-6) or [agency](/usc/10/4701.md?p=g-1) of the Federal Government other than the [Department](/usc/10/101.md?p=a-6) of Defense.
  - (4) In this subsection, the term “promotion eligibility period” means, with respect to an [officer](/usc/10/101.md?p=b-1) whose name is on a list of [officers](/usc/10/101.md?p=b-1) approved for promotion under [section 624(a) of this title](/usc/10/624.md?p=a) to a [grade](/usc/10/101.md?p=b-7) for which appointment is required by [section 624(c) of this title](/usc/10/624.md?p=c) to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved.
- (d) **Administrative Removal.—** Under regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9), if an [officer](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher [grade](/usc/10/101.md?p=b-7) under this chapter, but before being promoted, the [officer](/usc/10/101.md?p=b-1)’s name shall be administratively removed from the list of [officers](/usc/10/101.md?p=b-1) recommended for promotion by a [selection board](/usc/10/1558.md?p=b-2-A).
- (e) **Continued Eligibility for Promotion.—**
  - (1) An [officer](/usc/10/101.md?p=b-1) whose name is removed from a list under subsection [(a)](#a), [(b)](#b), or [(c)](#c) continues to be eligible for consideration for promotion. If he is recommended for promotion by the next [selection board](/usc/10/1558.md?p=b-2-A) convened for his [grade](/usc/10/101.md?p=b-7) and competitive category and he is promoted, the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned may, upon such promotion, grant him the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for the [pay](/usc/10/101.md?p=a-15) and allowances of the [grade](/usc/10/101.md?p=b-7) to which promoted, and the same position on the [active-duty list](/usc/10/101.md?p=b-13) as he would have had if his name had not been so removed.
  - (2) If such an [officer](/usc/10/101.md?p=b-1) who is in a [grade](/usc/10/101.md?p=b-7) below the [grade](/usc/10/101.md?p=b-7) of colonel or, in the case of the Navy, captain is not recommended for promotion by the next [selection board](/usc/10/1558.md?p=b-2-A) convened for his [grade](/usc/10/101.md?p=b-7) and competitive category, or if his name is again removed from the list of [officers](/usc/10/101.md?p=b-1) recommended for promotion, or if the Senate again does not give its advice and consent to his promotion, he shall be considered for all purposes to have twice failed of selection for promotion.

# §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)


The Secretary of the military [department](/usc/10/101.md?p=a-6) concerned, under regulations prescribed by the Secretary of Defense—

- (1) may discharge any [officer](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) who—
  - (A) has less than six years of active commissioned service; or
  - (B) is serving in the [grade](/usc/10/101.md?p=b-7) of second lieutenant or ensign and has been found not qualified for promotion to the [grade](/usc/10/101.md?p=b-7) of first lieutenant or lieutenant (junior [grade](/usc/10/101.md?p=b-7)); and
- (2) shall, unless the [officer](/usc/10/101.md?p=b-1) has been promoted, discharge any [officer](/usc/10/101.md?p=b-1) described in [paragraph (1)(B)](#1-B) at the end of the 18-month period beginning on the date on which the [officer](/usc/10/101.md?p=b-1) is first found not qualified for promotion.

# §631. Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade)

- (a) Except an [officer](/usc/10/101.md?p=b-1) of the Navy and Marine Corps who is an [officer](/usc/10/101.md?p=b-1) designated for limited duty (to whom section [8146(e)](/usc/10/8146.md?p=e) or [8372](/usc/10/8372.md) of this title applies), each [officer](/usc/10/101.md?p=b-1) of the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force on the [active-duty list](/usc/10/101.md?p=b-13) who holds the [grade](/usc/10/101.md?p=b-7) of first lieutenant and has failed of selection for promotion to the [grade](/usc/10/101.md?p=b-7) of captain for the second time, and each [officer](/usc/10/101.md?p=b-1) of the Navy on the [active-duty list](/usc/10/101.md?p=b-13) who holds the [grade](/usc/10/101.md?p=b-7) of lieutenant (junior [grade](/usc/10/101.md?p=b-7)) and has failed of selection for promotion to the [grade](/usc/10/101.md?p=b-7) of lieutenant for the second time, whose name is not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion to the next higher [grade](/usc/10/101.md?p=b-7) shall—
  - (1) be discharged on the date requested by him and approved by the Secretary of the military [department](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=a-9), which date shall be not later than the first day of the seventh calendar month beginning after the month in which the [Secretary concerned](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) for the second time to the public; or
  - (3) if on the date on which he is to be discharged under [paragraph (1)](#a-1) he is within two years of qualifying for retirement under section [7311](/usc/10/7311.md), [8323](/usc/10/8323.md), or [9311](/usc/10/9311.md) of this title, be retained on [active duty](/usc/10/101.md?p=d-1) 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](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) who is subject to discharge under [subsection (a)(1)](#a-1) is not eligible for further consideration for promotion.
- (d) For the purposes of this chapter, an [officer](/usc/10/101.md?p=b-1) of the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force who holds the [grade](/usc/10/101.md?p=b-7) of first lieutenant, and an [officer](/usc/10/101.md?p=b-1) of the Navy who holds the [grade](/usc/10/101.md?p=b-7) of lieutenant (junior [grade](/usc/10/101.md?p=b-7)), shall be treated as having failed of selection for promotion if the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines that the [officer](/usc/10/101.md?p=b-1) would be eligible for consideration for promotion to the next higher [grade](/usc/10/101.md?p=b-7) by a [selection board](/usc/10/1558.md?p=b-2-A) convened under [section 611(a) of this title](/usc/10/611.md?p=a) 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](/usc/10/624.md?p=a-3) all fully qualified [officers](/usc/10/101.md?p=b-1) of the [officer](/usc/10/101.md?p=b-1)’s armed force in such [grade](/usc/10/101.md?p=b-7) who would be eligible for such consideration.

# §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

- (a) Except an [officer](/usc/10/101.md?p=b-1) of the Navy and Marine Corps who is an [officer](/usc/10/101.md?p=b-1) designated for limited duty (to whom section [8146(e)](/usc/10/8146.md?p=e) or [8372](/usc/10/8372.md) of this title applies) and except as provided under [section 637(a) of this title](/usc/10/637.md?p=a), each [officer](/usc/10/101.md?p=b-1) of the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force on the [active-duty list](/usc/10/101.md?p=b-13) who holds the [grade](/usc/10/101.md?p=b-7) of captain or major, and each [officer](/usc/10/101.md?p=b-1) of the Navy on the [active-duty list](/usc/10/101.md?p=b-13) who holds the [grade](/usc/10/101.md?p=b-7) of lieutenant or lieutenant commander, who has failed of selection for promotion to the next higher [grade](/usc/10/101.md?p=b-7) for the second time and whose name is not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion to the next higher [grade](/usc/10/101.md?p=b-7) shall—
  - (1) except as provided in [paragraph (3)](#a-3) and in [subsection (c)](#c), be discharged on the date requested by him and approved by the [Secretary concerned](/usc/10/101.md?p=a-9), which date shall be not later than the first day of the seventh calendar month beginning after the month in which the [Secretary concerned](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=a-9), which date shall be not later than the first day of the seventh calendar month beginning after the month in which the [Secretary concerned](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) for the second time to the public; or
  - (3) if on the date on which he is to be discharged under [paragraph (1)](#a-1) he is within two years of qualifying for retirement under section [7311](/usc/10/7311.md), [8323](/usc/10/8323.md), or [9311](/usc/10/9311.md) of this title, be retained on [active duty](/usc/10/101.md?p=d-1) 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](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) is subject to discharge under [subsection (a)(1)](#a-1) and, as of the date on which the [officer](/usc/10/101.md?p=b-1) is to be discharged under that subsection, the [officer](/usc/10/101.md?p=b-1) has not completed the [officer](/usc/10/101.md?p=b-1)’s [active duty](/usc/10/101.md?p=d-1) service obligation, the [officer](/usc/10/101.md?p=b-1) shall be retained on [active duty](/usc/10/101.md?p=d-1) until completion of such [active duty](/usc/10/101.md?p=d-1) service obligation, and then be discharged under [subsection (a)(1)](#a-1), unless sooner retired or discharged under another provision of law.
  - (2) The [Secretary concerned](/usc/10/101.md?p=a-9) may waive the applicability of [paragraph (1)](#c-1) to any [officer](/usc/10/101.md?p=b-1) if the Secretary determines that completion of the [active duty](/usc/10/101.md?p=d-1) service obligation of that [officer](/usc/10/101.md?p=b-1) is not in the best interest of the service.