A person who—

1. (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. (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.

(Added Pub. L. 104–106, div. A, title VI, § 632(a)(1), Feb. 10, 1996, 110 Stat. 365.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–106, div. A, title VI, § 632(b), Feb. 10, 1996, 110 Stat. 365, provided that:

“

Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to court-martial sentences adjudged after the date of the enactment of this Act [

Feb. 10, 1996].”