(a)
(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)
(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)
(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.)
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