Us Code § 1161 - Commissioned officers: limitations on dismissal
Full text of Us Code United States Code § 1161 — Commissioned officers: limitations on dismissal, with citation guidance and answers to common questions.
§ 1161. Commissioned officers: limitations on dismissal
(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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1161(a) | 50:739 (words before semicolon, less applicability to Navy and Marine Corps warrant officers). | May 5, 1950, ch. 169, §10 (less applicability to Navy and Marine Corps warrant officers), 64 Stat. 146. |
| 1161(b) | 50:739 (less words before semicolon, less applicability to Navy and Marine Corps warrant officers). |
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".
Editorial Notes
Amendments
2016—Subsec. (b). Pub. L. 114–328 inserted "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," after "President".
1996—Subsec. (b). Pub. L. 104–201 substituted "section 1167" for "section 1178" in par. (2).
Pub. L. 104–106 struck out "or" after "three months,", added par. (2), and redesignated former par. (2) as (3).
Statutory Notes and Related Subsidiaries
Restoration of Retired Pay to Officers Dropped From Rolls After December 31, 1954 and Before August 25, 1958
Pub. L. 85–754, Aug. 25, 1958, 72 Stat. 847, provided: "That notwithstanding any other provisions of law, a former retired officer dropped from the rolls under section 10 of the Act of May 5, 1950, ch. 169 (64 Stat. 146), or section 1161 of title 10, United States Code, after December 31, 1954, and before the date of enactment of this Act [Aug. 25, 1958] shall, for the purposes of entitlement to retired or retirement pay after the date of enactment of this Act, be treated as if he had not been dropped from the rolls. Such an officer is also entitled to retroactive retired or retirement pay for the period beginning on the date he was dropped from the rolls and ending on the date of enactment of this Act, as if he had not been dropped from the rolls.
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About This Section
10 U.S.C. § 1161 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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