Two Time Non Select

October 5, 2025

An Officer who is a two time non select for promotions to ranks of CPT/MAJ/LTC, or CW3/CW4 for Warrant Officers, will be separated from the Army in accordance with AR 600-8-24, paragraph 5-26. The following exceptions apply:

When an Officer is selected for SELCON, explained more at this link
When an Officer is within two years of retirement of Active Federal Service (in these situations, the Officer will be extended and allowed to serve until 20 years)
When an Officer is retirement eligible (these Officers will be allowed to retire)

Furthermore, 2LTs and WO1s will be separated if they are not promoted.

LTCs and above and CW4s and above cannot be separated for being a two time non select for promotion.

If an Officer is separated for being a two time non select, he/she will be given notice and 180 days to separate from the Army. A General, under honorable conditions, discharge is authorized; however, Attorney Barry has only ever seen an Honorable Discharge issued in these situations.

If otherwise eligible, Officers may also submit a resignation to continue a military career in an enlisted status, or a commissioned officer may submit a resignation to be appointed as a USAR warrant officer.

Unfortunately, there are no appeal rights for an Officer who is a two time non select for promotion. Furthermore, there can be no advocacy for an Officer to be selected for SELCON.

That said, often times, an Officer is not promoted because of adverse information in his/her AMHRR. This could include a GOMOR, negative OER, Article 15, AAIP database entry, or a law enforcement "titling" action. In these cases, the only hope an Officer has is to appeal for the removal of these actions from the Officer's AMHRR. Several Boards are available to remove these documents, including:

If one of these appeals are granted, a Special Selection Board will be appointed and the Officer will be reconsidered for promotion, without the adverse information in his/her AMHRR.

Any Officer who is a two time non select for promotion clearly risks his/her career being destroyed. Appeals to the above mentioned Boards should be considered and an experienced Military Lawyer should be consulted. While Legal Assistance Attorneys are available to assist, they are often over-worked and inexperienced. Civilian Counsel can be retained, which allows an Officer to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has dealt extensively with the ASRB, DASEB, and ABCMR.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.