---
kind: "section"
citation: "10 U.S.C. § 14905"
title: "10"
title_heading: "Armed Forces"
number: "14905"
heading: "Officer considered for removal: retirement or discharge"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14905"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1411 — Additional Provisions Relating to Involuntary Separation"
---

# §14905. Officer considered for removal: retirement or discharge

- (a) **Voluntary Retirement or Discharge.—** At any time during proceedings under this chapter with respect to the removal of an [officer](/usc/10/101.md?p=b-1) from an [active status](/usc/10/101.md?p=d-4), the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned may grant a request by the [officer](/usc/10/101.md?p=b-1)—
  - (1) for voluntary retirement, if the [officer](/usc/10/101.md?p=b-1) is qualified for retirement;
  - (2) for transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) if the [officer](/usc/10/101.md?p=b-1) has completed the years of service required for eligibility for retired [pay](/usc/10/101.md?p=a-15) under [chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title and is otherwise eligible for transfer to the Retired [Reserve](/usc/10/101.md?p=c-6); or
  - (3) for discharge in accordance with [subsection (b)(3)](#b-3).
- (b) **Required Retirement or Discharge.—** An [officer](/usc/10/101.md?p=b-1) removed from an [active status](/usc/10/101.md?p=d-4) under [section 14903 of this title](/usc/10/14903.md) shall—
  - (1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the [grade](/usc/10/101.md?p=b-7) and with the retired [pay](/usc/10/101.md?p=a-15) for which he would be eligible if retired under that provision;
  - (2) if eligible for transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) and has completed the years of service required for retired [pay](/usc/10/101.md?p=a-15) under [chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title, be transferred to the Retired [Reserve](/usc/10/101.md?p=c-6); and
  - (3) if ineligible for retirement or transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) under paragraph [(1)](#b-1) or [(2)](#b-2) on the date of such removal—
    - (A) be honorably discharged in the [grade](/usc/10/101.md?p=b-7) then held, in the case of an [officer](/usc/10/101.md?p=b-1) whose case was brought under subsection (a) of [section 14902 of this title](/usc/10/14902.md); or
    - (B) be discharged in the [grade](/usc/10/101.md?p=b-7) then held, in the case of an [officer](/usc/10/101.md?p=b-1) whose case was brought under subsection (b) of [section 14902 of this title](/usc/10/14902.md).
- (c) **Separation Pay.—** An [officer](/usc/10/101.md?p=b-1) who is discharged under [subsection (b)(3)](#b-3) is entitled, if eligible therefor, to separation [pay](/usc/10/101.md?p=a-15) under [section 1174(c) of this title](/usc/10/1174.md?p=c).

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2959.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.