108 STAT. 2950 PUBLIC LAW 103-337—OCT. 5, 1994 "(1) has less than five 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. —D ischarges 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. "§ 14504. Effect of failure of selection for promotion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy "(a) GENERAL RULE. —^A first lieutenant on the reserve activestatus list of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated in accordance with section 14513 of this title not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time. "(b) EXCEPTIONS.—Subsection (a) does not apply (1) in the case of an officer retained as provided by regulation of the Secretary of the military department concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the President approves the report of the selection board which resulted in the second failure, or (2) as provided in section 12646 or 12686 of this title.
- § 14505. Efifect of failure of selection for promotion: reserve
captains of the Army, Air Force, and Marine Corps and reserve lieutenants of the Navy "Unless retained as provided in section 12646 or 12686 of this title, a captain on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant on the reserve activestatus list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade and who has not been selected for continuation on the reserve active-status list under section 14701 of this title, shall be separated in accordance with section 14513 of this title not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.
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