---
kind: "section"
citation: "10 U.S.C. § 1167"
title: "10"
title_heading: "Armed Forces"
number: "1167"
heading: "Members under confinement by sentence of court-martial: separation after six months confinement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1167"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 59 — Separation"
---

# §1167. Members under confinement by sentence of court-martial: separation after six months confinement


Except as otherwise provided in regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense, a member sentenced by a court-martial to a period of confinement for more than six months may be separated from the member’s armed force at any time after the sentence to confinement has become final under [chapter 47](/usc/10/chstA/ptII/ch47.md) of this title and the member has served in confinement for a period of six months.


## Source credit

(Added Pub. L. 104–106, div. A, title V, § 563(a)(1)(A), Feb. 10, 1996, 110 Stat. 325; amended Pub. L. 104–201, div. A, title X, § 1074(a)(6), Sept. 23, 1996, 110 Stat. 2659.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1167, acts Aug. 10, 1956, ch. 1041, 70A Stat. 91; June 28, 1962, Pub. L. 87–509, § 4(a), 76 Stat. 121; Sept. 7, 1962, Pub. L. 87–649, § 6(f)(3), 76 Stat. 494, related to severance pay of regular warrant officers, prior to repeal by Pub. L. 96–513, title I, § 109(b)(3), title VII, § 701, Dec. 12, 1980, 94 Stat. 2870, 2955, effective Sept. 15, 1981.

### Amendments

1996—Pub. L. 104–201 substituted “member has served” for “person has served”.