
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: 10USC14905]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
 CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION
 
Sec. 14905. Officer considered for removal: retirement or 
        discharge
        
    (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, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2959.)
