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10 U.S.C. § 14905 — Officer considered for removal: retirement or discharge
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14903&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim); 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](https://uscode.
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Source file: Laws/federal/codes/united-states-code/title-10/section-14905-officer-considered-for-removal-retirement-or-discharge--614112855c.md
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Source location: Title 10, Chapter 1411, § 14905; chapter-1411-additional-provisions-relating-to-involuntary-separation.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14903&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Substandard Performance of Duty.—** The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because that officer’s performance has fallen below standards prescribed by the Secretary concerned, to show cause for retention in an active status.
**(b) Misconduct, Etc.—** The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because of misconduct, because of moral or professional dereliction, or because the officer’s retention is not clearly consistent with the interests of national security, to show cause for retention in an active status.
**(c) Regulations.—** The authority of the Secretary of a military department under this section shall be carried out subject to such limitations as the Secretary of Defense may prescribe by regulation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14902
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Convening of Boards.—** The Secretary of the military department concerned shall convene a board of inquiry at such time and place as the Secretary may prescribe to receive evidence and review the case of any officer who has been required to show cause for retention in an active status under [section 14902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim). Each board of inquiry shall be composed of not less than three officers who have the qualifications prescribed in [section 14906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14906&num=0&edition=prelim).
**(b) Right to Fair Hearing.—** A board of inquiry shall give a fair and impartial hearing to each officer required under [section 14902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim) to show cause for retention in an active status.
**(c) Recommendations to Secretary.—** If a board of inquiry determines that the officer has failed to establish that the officer should be retained in an active status, the board shall recommend to the Secretary concerned that the officer not be retained in an active status.
**(d) Action by Secretary.—** After review of the recommendation of the board of inquiry, the Secretary may—
(1) remove the officer from an active status; or
(2) determine that the case be closed.
**(e) Action in Cases Where Cause for Retention Is Established.—**
(1) If a board of inquiry determines that an officer has established that the officer should be retained in an active status or if the Secretary determines that the case be closed, the officer’s case is closed.
(2) An officer who is required to show cause for ret
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14903
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Federal law — U.S. Code and appendices · legal_authorities
Page 3759
TITLE 10—ARMED FORCES
§ 14907
118–159, div. A, title V, § 509(b), Dec. 23, 2024, 138
Stat. 1872.)
Editorial Notes
AMENDMENTS
2024—Subsec. (a)(3). Pub. L. 118–159, § 509(b)(1), sub-
stituted ‘‘subject to subsection (c), shall be’’ for ‘‘shall
be’’.
Subsec. (c). Pub. L. 118–159, § 509(b)(2), added subsec.
(c).
Statutory Notes and Related Subsidiaries
EFFECTIVE 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.
§ 14905. Officer considered for removal: retire-
ment 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 de-
partment 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 re-
quired for eligibility for retired pay under
chapter 1223 of this title and is otherwise eligi-
ble for transfer to the Retired Reserve; or
(3) for discharge in accordance with sub-
section (b)(3).
(b) REQUIRED RETIREMENT OR DISCHARGE.—An
officer removed from an active status under sec-
tion 14903 of this title shall—
(1) if eligible for voluntary retirement under
any provision of law on the date of such re-
moval, be retired in the grade and with the re-
tired pay for which he would be eligible if re-
tired under that provision;
(2) if eligible for transfer to the Retired Re-
serve and has completed the years of service
required for retired pay under chapter 1223 of
this title, be transferred to the Retired Re-
serve; and
(3) if ineligible for retirement or transfer to
the Retir
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14905
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.