10 U.S.C. § 12740 — Eligibility: denial upon certain punitive discharges or dismissals

submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 62 words · no verdicts yet

in plain englishAI-generated · not legal advice

A death sentence for a court-martial offense blocks eligibility for retired pay. So does a dishonorable discharge, a bad conduct discharge, or an officer's dismissal.

A person is not eligible for retired pay under this chapter if either of two things happened: (1) they were convicted of an offense under the Uniform Code of Military Justice (chapter 47 of this title) and their sentence includes death; or (2) they were separated under a court-martial sentence that included a dishonorable discharge, a bad conduct discharge, or — for an officer — a dismissal.

the actual law source: uscode.house.gov ↗public domain

A person who—

(1)

is convicted of an offense under the Uniform Code of Military Justice (chapter 47 of this title) and whose sentence includes death; or

(2)

is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an officer) a dismissal,

is not eligible for retired pay under this chapter.

Source credit: (Added Pub. L. 104–106, div. A, title VI, § 632(a)(1), Feb. 10, 1996, 110 Stat. 365.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-106 · 110 Stat. 365

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.

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