Eligibility: denial upon certain punitive discharges or dismissals

  1. Law
  2. USC 10
  3. Armed Forces
  4. Reserve Components
  5. PERSONNEL GENERALLY
  6. RETIRED PAY FOR NON-REGULAR SERVICE
  7. Eligibility: denial upon certain punitive discharges or dismissals

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§12740. Eligibility: denial upon certain punitive discharges or dismissals

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.

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

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]."


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