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Title 10 — Armed Forces

Part II · Chapter 59 — Separation

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

Statutory text

Except as otherwise provided in regulations prescribed by the Secretary 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 of this title and the member has served in confinement for a period of six months.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title V § 563(a)(1)(A) · 110 Stat. 186

    Enacted · 10 U.S.C. § 1167

    Added Pub. L. 104–106, div. A, title V, § 563(a)(1)(A), Feb. 10, 1996, 110 Stat. 325

    Source evidence

    Code source credit
    Added Pub. L. 104–106, div. A, title V, § 563(a)(1)(A), Feb. 10, 1996, 110 Stat. 325

    Enacted provision · exact public law section
    (A) Chapter 59 of title 10, United States Code, is amended by inserting after section 1166 the following new section: “1167. Members under confinement by sentence of court-martial: separation after six months confinement.”. “Except as otherwise provided in regulations prescribed by the Secretary 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 of this title and the person has served in confinement for a period of six months.”.

  2. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title X § 1074(a)(6) · 110 Stat. 2422

    Substituted · 10 U.S.C. § 1167

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

    Source evidence

    Code amendment note
    Pub. L. 104–201 substituted “member has served” for “person has served”.

    Enacted provision · exact public law section
    (6) Section 1167 is amended by striking out “person” and inserting in lieu thereof “member”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 1167, acts Aug. 10, 1956, ch. 1041, 70A Stat. 91; , Pub. L. 87–509, § 4(a), 76 Stat. 121; , 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, , 94 Stat. 2870, 2955, effective .

Amendments

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

Credits

1996 · 2 acts
  1. 1996Added Pub. L. 104–106, div. A, title V, § 563(a)(1)(A), , 110 Stat. 325
  2. 1996amended Pub. L. 104–201, div. A, title X, § 1074(a)(6), , 110 Stat. 2659.
Show as published

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

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s1167