Title 10 — Armed ForcesRelease 119-73
§12740 Eligibility: denial upon certain punitive discharges or dismissals
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1223— - RETIRED PAY FOR NON-REGULAR SERVICE › § 12740
Summary
People are not eligible if they are found guilty of a military crime and sentenced to death, or if a court-martial separates them and gives them a dishonorable discharge, a bad-conduct discharge, or—if they are an officer—a dismissal.
Full Legal Text
Title 10, §12740
Armed Forces — Source: USLM XML via OLRC
A person who—
(1)is convicted of an offense under the Uniform Code of Military Justice (chapter 47 of this title) and whose sentence includes death; or
(2)is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an officer) a dismissal,
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–106, div. A, title VI, § 632(b), Feb. 10, 1996, 110 Stat. 365, provided that: “Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to court-martial sentences adjudged after the date of the enactment of this Act [Feb. 10, 1996].”
Reference
Citations & Metadata
Citation
10 U.S.C. § 12740
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73