10 U.S.C. § 643
Chaplains: discharge or retirement upon loss of professional qualifications
Under regulations prescribed by the Secretary of Defense, a commissioned officer on the active-duty list of the Army, Navy, or Air Force who is appointed or designated as a chaplain may, if he fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be retired.
Notes of Decisions
Cited in 2
cases, 2008–2014 · leading case: Klingenschmitt v. United States, 119 Fed. Cl. 163 (Fed. Cl. 2014).
Klingenschmitt v. United States, 119 Fed. Cl. 163 (Fed. Cl. 2014). “On November 16, 2006, the Commander of the Navy Personnel Command informed Klingensehmitt that the Secretary had denied his request for approval of a new ecclesiastical endorsement pursuant to 10 U.S.C. § 643 ; DoDI 1304.28; and United States Department of the Navy, Secretary of…”
Klingenschmitt v. Winter, 275 F. App'x 12 (D.C. Cir. 2008). “9 nor 10 U.S.C. § 643 is to the contrary. Because mandatory, the Secretary’s initiation of separation proceedings could not have been motivated by retaliatory animus.”
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