10 U.S.C. § 14905

Officer considered for removal: retirement or discharge

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(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.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2001–2023 · leading case: Rood v. England, 16 F. App'x 706 (9th Cir. 2001).

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Rood v. England, 16 F. App'x 706 (9th Cir. 2001). · cites it 6× “6 was in effect at the time of Rood’s offense, and required Rood to report any detention by civilian authorities.”

Mazarji v. United States (Fed. Cl. 2023). “See 10 U.S.C. § 14905 (b). A service member is entitled to medical retirement and periodic disability pay if his disability (1) “is of a permanent nature and stable,” (2) “is not the result of [his] intentional misconduct or willful neglect, and was not incurred during a period…”

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