
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1161]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 59--SEPARATION
 
Sec. 1161.  Commissioned  officers:  limitations  on dismissal

    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 89; Pub. L. 104-106, div. A, title 
V, Sec. 563(b)(1), Feb. 10, 1996, 110 Stat. 325; Pub. L. 104-201, div. 
A, title X, Sec. 1074(a)(5), Sept. 23, 1996, 110 Stat. 2658.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1161(a)...............................  50:739 (words before semicolon,      Ma
y 5, 1950, ch. 169, Sec.  10
                                         less applicability to Navy and       (
less applicability to Navy and
                                         Marine Corps warrant officers).      M
arine Corps warrant officers), 64
                                                                              S
tat. 146.
1161(b)...............................  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''.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-201 substituted ``section 1167'' for 
``section 1178'' in par. (2).
    Pub. L. 104-106 struck 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 12683 of this title; title 37 
section 803; title 38 section 4304.
