Page:United States Statutes at Large Volume 70A.djvu/147

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89

89 may wear, on public occasions of ceremony, the distinctive badges adopted by that society. CHAPTER 59.—SEPARATION See. 1161. 1162. 1163. 1164. 1165.

Commissioned officers: limitations on dismissal. Reserves: discharge. Reserve components: members; limitations on separation. Warrant oflScers: separation for age. Regular warrant officers: separation during three-year probationary period. 1166. Regular vt^arrant officers: elimination for unfitness or unsatisfactory performance, 1167. Regular warrant officers: severance pay.

§ 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 may drop from the rolls of any armed force any commissioned officer (1) who has been absent without authority for at least three months, or (2) 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. §1162. Reserves: discharge Subject to other provisions of this title, reserve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned. § 1163. Reserve components: members; limitations on separation (a) An officer of a reserve component who has at least three years of service as a commissioned officer may not be separated from that component without his consent except under an approved recommendation of a board of officers convened by an authority designated by the Secretary concerned, or by the approved sentence of a courtmartial. This subsection does not apply to a separation under subsection (b) of this section or under section 1003 of this title, to a dismissal under section 1161(a) of this title, or to a transfer under section 3352 or 8352 of this title. (b) The President or the Secretary concerned may drop from the rolls of the armed force concerned any Reserve (1) who has been absent without authority for at least three months, or (2) 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. (c) A member of a reserve component who is separated therefrom for cause, except under subsection (b), is entitled to a discharge under honorable conditions unless—