---
kind: "section"
citation: "33 U.S.C. § 3041"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3041"
heading: "Involuntary retirement or separation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3041"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter III — Separation and Retirement of Officers"
---

# §3041. Involuntary retirement or separation

- (a) **Transfer of officers to retired list; separation from service—** As recommended by a personnel board convened under [section 3022 of this title](/usc/33/3022.md)—
  - (1) an [officer](/usc/33/3002.md?p=b-3) in the permanent [grade](/usc/33/3002.md?p=b-2) of captain or commander may—
    - (A) except as provided by [subparagraph (B)](#a-1-B), be transferred to the retired list; or
    - (B) if the [officer](/usc/33/3002.md?p=b-3) is not qualified for retirement, be separated from service; and
  - (2) an [officer](/usc/33/3002.md?p=b-3) in the permanent [grade](/usc/33/3002.md?p=b-2) of lieutenant commander, lieutenant, or lieutenant (junior [grade](/usc/33/3002.md?p=b-2)) who is not qualified for retirement may be separated from the service.
- (b) **Computations—** In any fiscal year, the total number of [officers](/usc/33/3002.md?p=b-3) selected for retirement or separation under [subsection (a)](#a) plus the number of [officers](/usc/33/3002.md?p=b-3) retired for age may not exceed the whole number nearest 4 percent of the total number of [officers](/usc/33/3002.md?p=b-3) 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)](#c-2), a retirement or separation under [subsection (a)](#a) shall take effect on such date as is determined by the [Secretary](/usc/33/3002.md?p=b-6).
  - (2) **Determination of date—** The effective date determined under [paragraph (1)](#c-1) for a retirement or separation under [subsection (a)](#a) shall be—
    - (A) except as provided by [subparagraph (B)](#c-2-B), not earlier than 60 days after the date on which the [Secretary](/usc/33/3002.md?p=b-6) approves the retirement or separation; or
    - (B) if the [officer](/usc/33/3002.md?p=b-3) concerned requests an earlier effective date, such earlier date as is determined by the [Secretary](/usc/33/3002.md?p=b-6).
- (d) **Deferment of retirement or separation for medical reasons—**
  - (1) **In general—** If the [Secretary](/usc/33/3002.md?p=b-6) determines that the evaluation of the medical condition of an [officer](/usc/33/3002.md?p=b-3) requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the [officer](/usc/33/3002.md?p=b-3)’s well-being before the date on which the [officer](/usc/33/3002.md?p=b-3) would otherwise be required to retire or be separated under this section, the [Secretary](/usc/33/3002.md?p=b-6) may defer the retirement or separation of the [officer](/usc/33/3002.md?p=b-3).
  - (2) **Consent required—** A deferment may only be made with the written consent of the [officer](/usc/33/3002.md?p=b-3) involved. If the [officer](/usc/33/3002.md?p=b-3) does not provide written consent to the deferment, the [officer](/usc/33/3002.md?p=b-3) 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.

## Source credit

(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.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 853g of this title prior to repeal by Pub. L. 107–372.

### Amendments

2025—Subsec. (c). Pub. L. 119–60 amended subsec. (c) generally. Prior to amendment, text read as follows: “A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.”

2022—Subsec. (a)(1). Pub. L. 117–263 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “an officer in the permanent grade of captain or commander may be transferred to the retired list; and”.

2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).