10 U.S. Code § 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—
(b)Time for Discharge.—
(1) An officer described in subsection (a)(2)—
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.
Paragraph (1) shall not apply if the officer is sooner promoted.
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.
2008—Pub. L. 110–181, § 503(c)(2), substituted “six years” for “five years” in section catchline.
Subsec. (a)(1). Pub. L. 110–181, § 503(c)(1), substituted “six years” for “five years”.
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 [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title] and who was subject to placement of the reserve active-status list on the effective date of this title may not be discharged under section 14503 of title 10, 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.”