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—
for voluntary retirement, if the officer is qualified for retirement;
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
for discharge in accordance with subsection (b)(3).
Required Retirement or Discharge .—
section 14903 of this titleAn officer removed from an active status under shall—
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;
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
if ineligible for retirement or transfer to the Retired Reserve under paragraph (1) or (2) on the date of such removal—
section 14902 of this title be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of ; or
section 14902 of this title be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of .
Separation Pay .—
section 1174(c) of this titleAn officer who is discharged under subsection (b)(3) is entitled, if eligible therefor, to separation pay under .
Pub. L. 103–337, div. A, title XVI, § 1611108 Stat. 2959(Added , , .)
Statutory Notes and Related Subsidiaries
Effective Date
section 1691(b)(1) of Pub. L. 103–337section 10001 of this titleSection effective , see , set out as a note under .