FEDERAL · 10 U.S.C. · Chapter 1223
Eligibility: denial upon certain punitive discharges or dismissals
Current through Pub. L. 119-102
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.
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10 U.S.C. § 12740 (Eligibility: denial upon certain punitive discharges or dismissals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Loeh v. United States
53 Fed. Cl. 2 (Federal Claims, 2002)
United States v. Webb
53 M.J. 702 (Army Court of Criminal Appeals, 2000)
United States v. Niles
52 M.J. 716 (Army Court of Criminal Appeals, 2000)
United States v. Staff Sergeant RODGER S. DANES
(Army Court of Criminal Appeals, 2011)
Source Credit
History
(Added Pub. L. 104–106, div. A, title VI, §632(a)(1), Feb. 10, 1996, 110 Stat. 365.)
Editorial Notes
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–106, div. A, title VI, §632(b), Feb. 10, 1996, 110 Stat. 365, provided that: "Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to court-martial sentences adjudged after the date of the enactment of this Act [Feb. 10, 1996]."
Effective Date
Pub. L. 104–106, div. A, title VI, §632(b), Feb. 10, 1996, 110 Stat. 365, provided that: "Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to court-martial sentences adjudged after the date of the enactment of this Act [Feb. 10, 1996]."