10 U.S.C. § 12740

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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.

10 U.S.C. § 12740

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

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]."

includes

"includes" means "includes but is not limited to"; and

officer

The term "officer" means a commissioned or warrant officer.

pay

The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.