Title 10, Armed ForcesRelease 119-102
§1167 Members Under Confinement by Sentence of Court-martial: Separation After Six Months Confinement
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 59 — SEPARATION › § 1167
Summary
The military can separate a member who gets a court‑martial sentence of more than six months. That can happen after the sentence is final under chapter 47 and the member has served six months in confinement, unless the Secretary of Defense makes different rules.
Full Legal Text
Title 10, §1167
Armed Forces, Source: USLM XML via OLRC
Except as otherwise provided in regulations prescribed by the Secretary of Defense, a member sentenced by a court-martial to a period of confinement for more than six months may be separated from the member’s armed force at any time after the sentence to confinement has become final under chapter 47 of this title and the member has served in confinement for a period of six months.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 1167, acts Aug. 10, 1956, ch. 1041, 70A Stat. 91; June 28, 1962, Pub. L. 87–509, § 4(a), 76 Stat. 121; Sept. 7, 1962, Pub. L. 87–649, § 6(f)(3), 76 Stat. 494, related to severance pay of regular warrant officers, prior to repeal by Pub. L. 96–513, title I, § 109(b)(3), title VII, § 701, Dec. 12, 1980, 94 Stat. 2870, 2955, effective Sept. 15, 1981.
Amendments
1996—Pub. L. 104–201 substituted “member has served” for “person has served”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1167
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102