Title 5 — Government Organization and EmployeesRelease 119-73

§8319 Removal of members of the uniformed services from rolls; restoration; reappointment

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 83— - RETIREMENT › Subchapter SUBCHAPTER II— - FORFEITURE OF ANNUITIES AND RETIRED PAY › § 8319

Last updated Apr 6, 2026|Official source

Summary

The President can remove a service member from the military rolls if their retired pay is taken away under this subchapter. If that retired pay is later restored under this subchapter or under section 2 of the Act of September 26, 1961 (75 Stat. 648), the President can put the person back on the rolls and return any rights, benefits, or privileges they and their beneficiaries lost because they were removed. If the person put back was a commissioned officer, only the President can reappoint them to the same rank and spot on the retired list they held when removed.

Full Legal Text

Title 5, §8319

Government Organization and Employees — Source: USLM XML via OLRC

(a)The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter.

(b)The President may restore—

(1)military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (75 Stat. 648); and

(2)all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls.

(c)If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2287.Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 8”, 75 Stat. 646. The words “and section 3282 of Title 18” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

section 2 of the Act of September 26, 1961 (75 Stat. 648), referred to in subsec. (b)(1), is set out as a note under section 8322 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8319

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73