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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 14905 Officer considered for removal: retirement or discharge us united_states_code code_section 10 ARMED FORCES 1411 ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION 14905 10 U.S.C. § 14905 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s14905 data/legal/raw/us/code/title-10/usc10.xml a19481f5380d48d1a8992157e524ca98b5993589101d16cf9af27da0c4f2a930 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 7b01094506a393ad05ca9fc796a0b4ac7ae4f6d031e74668e6cbe5d1375134fe 2026-07-04 official
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10 U.S.C. § 14905 - Officer considered for removal: retirement or discharge

Text

(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. 103337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2959.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103337, set out as a note under section 10001 of this title.