10 U.S.C. § 14905: Officer considered for…

Summary

The military department secretary can let an officer facing removal choose to retire, move to the Retired Reserve, or be discharged. An officer may take voluntary retirement if they qualify. They may transfer to the Retired Reserve if they have the years of service needed for retired pay under chapter 1223 and are otherwise eligible. They may also ask for a discharge instead. If an officer is removed from active duty under section 14903, the department must either retire them with the rank and retired pay they would get, transfer them to the Retired Reserve if they meet the chapter 1223 service rule, or, if they are not eligible for retirement or transfer, discharge them. If the case began under section 14902(a), the discharge is honorable in their current rank; if it began under 14902(b), they are discharged in their current rank. A discharged officer who qualifies may receive separation pay under section 1174(c).

Title 10, §14905

Armed Forces, Source: USLM XML via OLRC

(a)Voluntary Retirement or Discharge.—

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)Required Retirement or Discharge.—

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)Separation Pay.—

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