§ 1161. Commissioned officers: limitations on dismissal
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/usc/title-10/section-1161A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)No commissioned officer may be dismissed from any armed force except—
(1)by sentence of a general court-martial;
(2)in commutation of a sentence of a general court-martial; or
(3)in time of war, by order of the President.
(b)The President or the Secretary of Defense, or in the case of a commissioned officer of the Coast Guard, the Secretary of the department in which the Coast Guard is operating when it is not operating in the Navy, may drop from the rolls of any armed force any commissioned officer
(1)who has been absent without authority for at least three months,
(2)who may be separated under section 1167 of this title by reason of a sentence to confinement adjudged by a court-martial, or
(3)who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
(Aug. 10, 1956, ch. 1041, 70A Stat. 89; Pub. L. 104–106, div. A, title V, § 563(b)(1), Feb. 10, 1996, 110 Stat. 325; Pub. L. 104–201, div. A, title X, § 1074(a)(5), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 114–328, div. A, title V, § 507, Dec. 23, 2016, 130 Stat. 2109.)
In subsections
(a)and (b), the word “commissioned” is inserted since, for the Army and the Air Force, the term “officer” is intended to have the same meaning in 50:739 as it has in the Uniform Code of Military Justice (article 4). For Navy warrant officers see section 6408 of this title.
In subsection (b), the words “from his place of duty” are omitted as surplusage. The words “at least” are substituted for the words “or more”. The words “by a court other than a court-martial or other military court” are substituted for the words “by the civil authorities”.
Connections42 cite this · traces to 3
Cited by 42 sections · top 31
public-private-law
U.S. Code
- § 301General authorization to delegate functions; publication of delegations
- § 1161Commissioned officers: limitations on dismissal
- § 1091cReadmission requirements for servicemembers
- § 4304Character of service
- § 803Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls
- § 8375Navy and Marine Corps; warrant officers, W–1: limitation on dismissal
- § 12683Reserve officers: limitation on involuntary separation
statutes-at-large
- Public Law 93–60
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
statute-compilations
- Sec. 736LIMITATION ON CERTAIN DISCHARGES SOLELY ON THE BASIS OF FAILURE TO OBEY LAWFUL ORDER TO RECEIVE COVID-19 VACCINE
- Sec. 570ALIMITATIONS AND REQUIREMENTS IN CONNECTION WITH SEPARATIONS FOR MEMBERS OF THE ARMED FORCES WHO SUFFER FROM MENTAL HEALTH CONDITIONS IN CONNECTION WITH A SEX-RELATED, INTIMATE PARTNER VIOLENCE-RELATED, OR SPOUSAL-ABUSE OFFENSE
- Sec. 570BPROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN MEMBERS OF THE ARMED FORCES; CONSIDERATION OF MILITARY SERVICE IN REMOVAL DETERMINATIONS
- Sec. 524EXPANSION OF MANDATORY CHARACTERIZATIONS OF ADMINISTRATIVE DISCHARGES OF CERTAIN MEMBERS ON THE BASIS OF FAILURE TO RECEIVE COVID-19 VACCINE
register
bill
- Sec. 524Expansion of mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine
- Sec. 525Elimination of time limit for mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine
- Sec. 525Elimination of time limit for mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine
- Sec. 524Elimination of time limit for mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine
- Sec. 524Expansion of mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine
- Sec. 2Certain protections for a member of the Armed Forces, or a cadet or midshipman at a military service academy, who refuses to receive a vaccination against COVID–19
- Sec. 2Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate
- Sec. 2Certain protections for a member of the Armed Forces, or a cadet or midshipman at a Federal service academy, who refuses to receive a vaccination against COVID–19
- Sec. 2Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate
- Sec. 2Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate
- Sec. 2Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate
14 references not yet in our index
- Aug. 10, 1956, ch. 1041
- 70A Stat. 89
- Pub. L. 104–106, div. A, title V, § 563(b)(1)
- 110 Stat. 325
- Pub. L. 104–201, div. A, title X, § 1074(a)(5)
- 110 Stat. 2658
- 130 Stat. 2109
- section 6408 of this title
- Pub. L. 104–201
- Pub. L. 104–106
- Pub. L. 85–754
- 72 Stat. 847
- section 10 of the Act of May 5, 1950, ch. 169
- 64 Stat. 146
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cites case law
§ 1161
Commissioned officers: limitations on dismissal
Bills×11
Fed. Reg.×10
U.S.C.×9
Pub. L.×4
Stat. Comp.×4
C.F.R.×2
Stat.×2
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 89
Pub. L.Pub. L. 104–106, div. A, title V, § 563(b)(1)
Stat.110 Stat. 325
Pub. L.Pub. L. 104–201, div. A, title X, § 1074(a)(5)
Cites 17 · showing 8Cited by 42 across 7 sources