Title 10, Armed ForcesRelease 119-110
§12740 Eligibility: Denial Upon Certain Punitive Discharges or Dismissals
Title 10 › Subtitle E — Reserve Components › PART II — PERSONNEL GENERALLY › CHAPTER 1223 — RETIRED PAY FOR NON-REGULAR SERVICE › § 12740
Summary
You cannot get retired pay under this chapter if you are convicted under the Uniform Code of Military Justice and your sentence includes death. You also cannot get retired pay if a court-martial separates you with a dishonorable discharge, a bad-conduct discharge, or, for officers, 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,
is not eligible for retired pay under this chapter.
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
Sep 22, 2026
Release point: 119-110