(a)No commissioned officer may be dismissed from any armed force except—
(1)by sentence of a general court-martial;
(2)in commutation of a sentence of a general court-martial; or
(3)in time of war, by order of the President.
(b)The President may drop from the rolls of any armed force any commissioned officer
(1) who has been absent without authority for at least three months,
(2) who may be separated under section
1167 of this title by reason of a sentence to confinement adjudged by a court-martial, or
(3) who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
50:739 (words before semicolon, less applicability to Navy and Marine Corps warrant officers).
May 5, 1950, ch. 169, § 10 (less applicability to Navy and Marine Corps warrant officers), 64 Stat. 146.
50:739 (less words before semicolon, less applicability to Navy and Marine Corps warrant officers).
In subsections (a) and (b), the word “commissioned” is inserted since, for the Army and the Air Force, the term “officer” is intended to have the same meaning in 50:739 as it has in the Uniform Code of Military Justice (article 4). For Navy warrant officers see section
6408 of this title.
In subsection (b), the words “from his place of duty” are omitted as surplusage. The words “at least” are substituted for the words “or more”. The words “by a court other than a court-martial or other military court” are substituted for the words “by the civil authorities”.
Pub. L. 104–106struck out “or” after “three months,”, added par. (2), and redesignated former par. (2) as (3).
Restoration of Retired Pay to Officers Dropped From Rolls After December 31, 1954 and Before August 25, 1958
Pub. L. 85–754, Aug. 25, 1958, 72 Stat. 847, provided: “That notwithstanding any other provisions of law, a former retired officer dropped from the rolls under section 10 of the Act of May 5, 1950, ch. 169 (64 Stat. 146), or section
1161 of title
10, United States Code, after December 31, 1954, and before the date of enactment of this Act [Aug. 25, 1958] shall, for the purposes of entitlement to retired or retirement pay after the date of enactment of this Act, be treated as if he had not been dropped from the rolls. Such an officer is also entitled to retroactive retired or retirement pay for the period beginning on the date he was dropped from the rolls and ending on the date of enactment of this Act, as if he had not been dropped from the rolls.
“Sec. 2. A former retired officer covered by this Act is subject to the penal, prohibitory, and restrictive provisions of law applicable to the pay and civil employment of retired officers of the Armed Forces and is not entitled to any other benefit provided by law or regulation for retired officers of the Armed Forces. After the date of enactment of this Act [Aug. 25, 1958], such a former retired officer may, in the discretion of the President, have his entitlement to retired or retirement pay under this Act terminated for any reason for which any retired officer may be dismissed from, or dropped from the rolls of, any Armed Force.
“Sec. 3. Appropriations available for the payment of retired pay to members of the Armed Forces are available for payments under this Act.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.