10-U.S.C.-14905

10-U.S.C.-14905

§14905 – officer Considered For Removal: Retirement Or Discharge

Pathway

Title 10 > Subtitle E > Part III > Chapter 1411 > Section 14905

Details

  • Reference: Section 14905
  • Legend: §14905 – officer Considered For Removal: Retirement Or Discharge
  • USCode Year: 2013

Provision Content

(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.

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2959.)

U.S. Encyclopedia of Law Coverage

10-U.S.C.-14512 in the Legal Encyclopedia: Army Reserve

In this entry about 10-U.S.C.-14512, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.

10-U.S.C.-14510 in the Legal Encyclopedia: Reserve Active Status List

In this entry about 10-U.S.C.-14510, find legal reference material, bibliographies and premiere content related to reserve active status list in the American Encyclopedia of Law, presenting a comprehensive view of the United States reserve active status list-specific issues, written by authorities in the field.

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