10 USC 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

Editorial Notes

Amendments

2023—Puspan. L. 118–31, § 508(a)(1)(A), substituted “Marine Corps, and Space Force” for “and Marine Corps” in section catchline.

Subsec. (a)(1). Puspan. 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). Puspan. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in introductory provisions.

2018—Subsec. (a). Puspan. 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). Puspan. 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). Puspan. L. 108–136, § 505(a)(1), inserted “except as provided in paragraph (3) and in subsection (c),” before “be discharged”.

Subsec. (a)(3). Puspan. L. 108–136, § 505(span), substituted “paragraph” for “clause”.

Subsec. (c). Puspan. L. 108–136, § 505(a)(2), added subsec. (c).

2001—Puspan. 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). Puspan. 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 Subsidiaries

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2003 Amendment

Puspan. 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 Puspan. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.