§3041 Involuntary retirement or separation

Summary

If a personnel board recommends it, the service can retire or separate certain officers. Captains and commanders in a permanent grade may be placed on the retired list if they qualify for retirement; if they do not qualify, they can be separated from the service. Officers in the permanent grades of lieutenant commander, lieutenant, or lieutenant (junior grade) who are not eligible for retirement may be separated. In any fiscal year, the total chosen for these retirements or separations plus those retired for age cannot exceed the whole number nearest 4% of the total officers authorized on the active list. The Secretary sets the effective date for the retirement or separation. That date must usually be at least 60 days after the Secretary approves it unless the officer asks for an earlier date. If an officer needs hospitalization or medical observation that cannot be finished before the scheduled date, the Secretary may delay the action, but only with the officer’s written consent. If the officer refuses the delay, the retirement or separation happens as scheduled. Any medical delay cannot extend more than 30 days after the evaluation is completed.