§ 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) 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)
  • (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) 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 .