10 USC § 14503 - Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)

---
identifier: "/us/usc/t10/s14503"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 14503 - Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)"
title_number: 10
title_name: "ARMED FORCES"
section_number: "14503"
section_name: "Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)"
chapter_number: 1407
chapter_name: "FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION"
part_number: "III"
part_name: "PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2949; amended Pub. L. 110–181, div. A, title V, § 503(c)(1), (2), Jan. 28, 2008, 122 Stat. 95.)"
---


# § 14503. Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)

**(a)** **Authorized Discharges.—** The Secretary of the military department concerned may discharge any reserve officer who—

**(1)** has less than six years of service in an active status as a commissioned officer; or

**(2)** 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).

**(b)** **Time for Discharge.—**

**(1)** An officer described in subsection (a)(2)—

**(A)** may be discharged at any time after being found not qualified for promotion; and

**(B)** if not sooner discharged, shall be discharged at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.

**(2)** Paragraph (1) shall not apply if the officer is sooner promoted.

**(c)** **Regulations.—** Discharges under this section shall be made under regulations prescribed by the Secretary of Defense and may be made without regard to section 12645 of this title.

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**Source Credit**: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2949; amended Pub. L. 110–181, div. A, title V, § 503(c)(1), (2), Jan. 28, 2008, 122 Stat. 95.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in subsecs. (a) and (b) of this section were contained in sections 3819(b) and 8819(c) of this title, prior to repeal by , (c)(2).

### Amendments

2008—, substituted “six years” for “five years” in section catchline.

Subsec. (a)(1). , substituted “six years” for “five years”.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , see , set out as a note under .

### Rights for Officers With Over Three Years Service

> “A reserve officer of the Army, Navy, Air Force, or Marine Corps who was in an active status on the day before the effective date of this title [
> 
> , see section 1691(b)(1), (2) of
> 
> , set out as an Effective Date note under
> 
> ] and who was subject to placement of the reserve active-status list on the effective date of this title may not be discharged under
> 
> , United States Code, as added by this title, until on or after the day on which that officer completes three years of continuous service as a reserve commissioned officer.”

, , , provided that: