§3041 Involuntary Retirement or Separation

Summary

After a personnel board recommends it, certain officers may be retired or removed from service. Captains and commanders can be retired if they qualify; if they do not qualify for retirement, they can be separated. Officers in the permanent ranks of lieutenant commander, lieutenant, or lieutenant (junior grade) who are not eligible for retirement may be separated. In any fiscal year, the total number retired or separated under this rule, plus those retired for age, cannot be more than the whole number nearest 4 percent of the officers allowed on the active list, unless another law says otherwise. The Secretary picks the date the retirement or separation takes effect. That date is normally not earlier than 60 days after the Secretary approves it, unless the officer asks for an earlier date. If a medical exam needs hospitalization or observation that cannot be finished in time, the Secretary may delay the action, but only if the officer agrees in writing. Any medical delay cannot go beyond 30 days after the required evaluation ends.