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.

Terms Used In 10 USC 12740

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
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