§14905 — Title 10 Armed Forces | U.S. Code

Summary

The military secretary can let an officer facing removal choose retirement, move to the Retired Reserve if they have the years of service needed for retired pay under chapter 1223, or be discharged. If an officer is removed from active duty, they must be retired if they were already eligible for voluntary retirement and will get the rank and retired pay they would receive under that rule. If they meet the years-of-service rule in chapter 1223, they must be moved to the Retired Reserve. If neither applies, they will be discharged in their current rank. If the case began under one kind of removal, the discharge is honorable; if it began under the other kind, it is a discharge (not necessarily honorable). A discharged officer who is eligible may get separation pay under section 1174(c).

Title 10, §14905

Armed Forces — Source: USLM XML via OLRC

(a)At any time during proceedings under this chapter with respect to the removal of an officer from an active status, the Secretary of the military department concerned may grant a request by the officer—

(1)for voluntary retirement, if the officer is qualified for retirement;

(2)for transfer to the Retired Reserve if the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title and is otherwise eligible for transfer to the Retired Reserve; or

(3)for discharge in accordance with subsection (b)(3).

(b)An officer removed from an active status under section 14903 of this title shall—

(1)if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which he would be eligible if retired under that provision;

(2)if eligible for transfer to the Retired Reserve and has completed the years of service required for retired pay under chapter 1223 of this title, be transferred to the Retired Reserve; and

(3)if ineligible for retirement or transfer to the Retired Reserve under paragraph (1) or (2) on the date of such removal—

(A)be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 14902 of this title; or

(B)be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 14902 of this title.

(c)An officer who is discharged under subsection (b)(3) is entitled, if eligible therefor, to separation pay under section 1174(c) of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

§14905 Officer considered for removal: retirement or discharge

Summary

Title 10, §14905

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata