§ 3041. Involuntary retirement or separation

579 words·~3 min read·/usc/title-33/section-3041

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Transfer of officers to retired list; separation from service As recommended by a personnel board convened under section 3022 of this title—

(1)an officer in the permanent grade of captain or commander may—

(A)except as provided by subparagraph (B), be transferred to the retired list; or

(B)if the officer is not qualified for retirement, be separated from service; and

(2)an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.

(b)Computations In any fiscal year, the total number of officers selected for retirement or separation under subsection

(a)plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.

(c)Effective date of retirements and separations

(1)In general Subject to paragraph (2), a retirement or separation under subsection

(a)shall take effect on such date as is determined by the Secretary.

(2)Determination of date The effective date determined under paragraph

(1)for a retirement or separation under subsection

(a)shall be—

(A)except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or

(B)if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.

(d)Deferment of retirement or separation for medical reasons

(1)In general If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer.

(2)Consent required A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled.

(3)Limitation A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.

(Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 401, Dec. 23, 2020, 134 Stat. 1177; Pub. L. 117–263, div. K, title CXVII, § 11705(a), Dec. 23, 2022, 136 Stat. 4157; Pub. L. 119–60, div. H, title LXXXIV, § 8406, Dec. 18, 2025, 139 Stat. 1913.)

Connections36 cite this · traces to 3

Cited by 36 sections · top 35

public-private-law

U.S. Code

§ 3042
Separation pay

statutes-at-large

statute-compilations

bill

Traces to 3 documents

U.S. Code

Personnel boards
§ 3022

public-private-law

9 references not yet in our index

Pub. L. 107–372, title II, § 241
116 Stat. 3088
134 Stat. 1177
136 Stat. 4157
Pub. L. 119–60, div. H, title LXXXIV, § 8406
139 Stat. 1913
section 853g of this title
Pub. L. 107–372
Pub. L. 119–60

Citation graph

cites case law

§ 3041

Involuntary retirement or separation

Bills×27

Stat. Comp.×3

Stat.×3

Pub. L.×2

U.S.C.×1

U.S.C.§ 3022

Pub. L.Public Law 116-259

Pub. L.Public Law 117-263

Pub. L.Pub. L. 107–372, title II, § 241

Stat.116 Stat. 3088

Stat.134 Stat. 1177

Stat.136 Stat. 4157

Pub. L.Pub. L. 119–60, div. H, title LXXXIV, § 8406

Cites 12 · showing 8Cited by 36 across 5 sources