10 U.S.C. § 1167
Members under confinement by sentence of court-martial: separation after six months confinement
Except as otherwise provided in regulations prescribed by the Secretary of Defense, a member sentenced by a court-martial to a period of confinement for more than six months may be separated from the member’s armed force at any time after the sentence to confinement has become final under chapter 47 of this title and the member has served in confinement for a period of six months.
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 1998–2023 · leading case: Goldsmith v. Clinton, 48 M.J. 84 (C.A.A.F. 1998).
Goldsmith v. Clinton, 48 M.J. 84 (C.A.A.F. 1998). “” On the other hand, the amendment to 10 USC § 1161 and addition of 10 USC § 1167 are contained in the same public law that adds Article 58b and, • taken in context, can be viewed as part of a package designed to deal with the same congressional concern that motivated passage of…”
United States v. Wallace, 58 M.J. 759 (N.M.C.C.A. 2003). “§ 1161 and the enactment of Title 10 U.S.C. § 1167 , allowing the President to “drop from the rolls” commissioned officers serving a sentence of confinement adjudged by a court-martial).”
Pope v. United States (Fed. Cl. 2022). “§ 1176 , which requires the Navy to retain sailors that have served 18 years on active duty but had inadvertently referred to 10 U.S.C. § 1167 in prior briefing (Section 1167 plainly does not apply).”
United States v. Pullings (C.A.A.F. 2023). “§ 1161 (b) and 10 U.S.C. § 1167 (1994 & Supp. III 1998)).”
United States v. Pullings (C.A.A.F. 2023). “§ 1161 (b) and 10 U.S.C. § 1167 (1994 & Supp. III 1998)).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.