Section 10Sec./Art. 10

Forced Attrition of Officers. -Officers who are subjected to forced attrition as defined in Section 9(c) of this Act shall be subsequently separated or retired from military service. In addition, officers with contractual service obligations who are recommended for separation on account of their own fault,failure or negligence, shall be required to refund the govenrment the amount equivalent to the cost of training proportionate to the remaining period to be served as stipulated in the training contract.

The following are the instances of forced attrition of officers:

(a)Attrition by Non-Promotion. -

(1) Deferment of Promotion. - An officer in the grade of Second Lieutenant/Ensign (PN) whose promotion is deferred once shall be separated in the permanent grade the officer holds on the first day of the third month after the President shall have approved the promotion of officers recommended by the Selection Board which recommended the deferment of such an officer for the first time.

(2) Twice Deferment of Promotion. - An officer in the grade of First Lieutenant-Lieutenant Junior Grade (PN) to Lieutenant Colonel/Commander (PN) whose promotion to the next higher grade is deferred twice shall be separated in the permanent grade the officer holds on the first day of the third month after the President shall have approved the promotion of officers recommended by the Selection Board which recommended the deferment of the promotion of such officer for the second time. This subsection applies only to officers in the primary zone of consideration because they were considered or deliberated upon by the Selection Board but failed to qualify for promotion to the next higher grade.

(b)Maximum Tenure-in-Grade for Officers. -

(1) Generals/Flag Officers. - The maximum tenure of officers in the grades of General/Flag Officer in the AFP are hereby prescribed as follows:

Grade

Maximum Tenure-in-Grade

General/Admiral

(O-10)

Three (3) years

Lieutenant General/Vice Admiral

(O-9)

Three (3) years

Major General/Rear Admiral

(O-8)

Three (3) years

Brigadier General/Commodore

(O-7)

Three (3) years

(2) Officers. - The maximum tenure of officers in the grades of Colonel, Lieutenant Colonel, Major, and Captain, or their equivalent in the other services in the AFP are hereby prescribed as follows:

Grade

Maximum Tenure-in-Grade

Colonel/Captain (PN)

(O-6)

Eight (8) years

Lieutenant Colonel/Commander (PN)

(O-5)

Seven (7) years

Major/Lieutenant Commander (PN)

(O-4)

Six (6) years

Captain/Lieutenant (PN)

(O-3)

Six (6) years

(c)Low Potentiality. -An officer referred to and found by the AFP Efficiency and Separation Board as not fit for retention, lacking leadership skills, of doubtful integrity, or fails to demonstrate satisfactory performance may be separated from the military service subject to the approval of the President.