10 USC 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)
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The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense—
(1) may discharge any officer on the active-duty list who—
(A) has less than six years of active commissioned service; or
(B) 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); and
(2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.