Involuntary Separation:

Federal Law

10 U.S. Code § 630: Service Secretaries may discharge any officer on the ADL with less than 6 years of service or any O1 not qualified for promotion to the next grade.

10 U.S. Code § 1161: No commissioned officer may be dismissed from any armed force except because of a court martial or, in time of war, by order of the President.

10 U.S. Code § 1181: SECDEF and Service Secretaries may prescribe procedures and regulations to determine if commissioned officers must show cause for retention on active duty due to substandard performance, misconduct, moral dereliction or because retention is inconsistent with national security interests.

10 U.S. Code § 1184: The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry.

10 U.S. Code § 1186: At any time when being considered by a board of inquiry, an officer may be granted a request for voluntary retirement, if eligible, or discharge if not eligible for voluntary retirement.

10 U.S. Code § 1201 : Service Secretaries may retire an officer because of a physical disability incurred while the officer was entitled to basic pay. The disability must be permanent and stable, must not be the result of the officer’s intentional misconduct or neglect or have been incurred during an unauthorized absence. The officer must have at least 20 years of service or else have at least a 30 percent disability that either 1) was not noted at the time of entrance to active duty; 2) is the proximate result of performing active duty; or 3) was incurred in the line of duty. Eligible officers are members of a regular component of the Armed Forces entitled to basic pay, or any other member of the Armed Forces entitled to basic pay who was called or ordered to active duty for a period of more than 30 days other than for training, or who is on active duty but is not entitled to basic pay due to participation in an educational program or for an emergency purpose. Officers retired under this section of law are eligible for retired pay.

10 U.S. Code § 1202: If other conditions in § 1201 apply, Service Secretaries may put an officer on the temporary disability retired list if the disability is not determined to be permanent and stable but medical principles indicate that it may be permanent.

10 U.S. Code § 1203: Service Secretaries may separate an officer with severance pay if the disability was not the result of the officer’s intentional misconduct or neglect or was incurred during an unauthorized absence. Eligible officers are the same as those listed in § 1201 , except that the officer does not meet the conditions related to years of service, level of disability, and how the disability was incurred.

10 U.S. Code § 1204: Under certain conditions, Service Secretaries may also retire officers not covered by § 1201, § 1202, or § 1203 . Generally, the disability must be permanent and stable, incurred in the line of duty or during related activities (travel, lodging), and must not be the result of the officer’s intentional misconduct or neglect or incurred during an unauthorized absence.

10 U.S. Code § 1205: If other conditions in § 1204 apply, Service Secretaries may put an officer on the temporary disability retired list if the disability is not determined to be permanent and stable but medical principles indicate that it may be permanent.

10 U.S. Code § 1206: Service Secretaries may separate an officer not covered under § 1201, § 1202, or § 1203 with severance pay if the disability was not the result of the officer’s intentional misconduct or neglect or was incurred during an unauthorized absence. Eligible officers are the same as those listed in § 1204 , except that the officer does not meet the conditions related to years of service and level of disability.

Other sections within 10 U.S. Code Chapter 61 address further administration and specific details of retirement or separation for physical disability.

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DoD Policy

DODI 1320.10: Officers who are unqualified for promotion to the grade of O2 are to be discharged. However, such officers are to be retained on the active-duty list (ADL) or reserve active-status list (RASL) for a minimum of 6 months from the date the promotion would have occurred. The officer must be discharged at the end of 18 months from the date the promotion would have occurred unless found qualified for promotion.

DODI 1332.30: It is DOD policy to separate from service officers in the Regular and Reserve Components of the military who are unable to meet standards of duty, performance and integrity. Service Secretaries may discharge officers on the ADL or RASL with less than 6 years of commissioned service when there is a need to reduce the number of officers to meet force size requirements.

A commissioned officer may be involuntarily separated if found to be substandard in the following ways: performance of duty, efficiency, leadership, response to training, attitude or character, maintenance of satisfactory progress while in a skills-awarding program, or acts of professional or moral misconduct. A commissioned officer may also be involuntarily separated if retention of that officer is found to be inconsistent with national security interests.

DODD 1332.18: The standards for determining unfitness because of physical disability or medical disqualification and the compensability of unfitting disabilities shall be uniform among the Services and between components within an individual Service. The assignment of disability ratings shall be based on the Veterans Administration Schedule for Rating Disabilities. The sole standard to be used shall be unfitness to perform the duties of the member’s office, grade, rank, or rating because of disease or injury. Service members who are eligible for and qualify for military retirement at the time of their evaluation and who are pending separation for unfitness may elect disability separation or retirement for length of service. Service members recommended for placement on or separation from the Temporary Disability Retired List (TDRL) have the same opportunity. Service members whose disability is permanent but may not be stable are placed on the TDRL. Stability is defined as the preponderance of medical evidence indicating that the severity will probably not change within the next five years.

DODI 1332.38: Contains instructions for the physical disability evaluation.

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Air Force Policy (AF Community of Practice Wiki)

Implements U.S. Law and DoD Policy. See AFI 36-3207 and AFI 36-3209 for details.

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Army Policy (Army Community of Practice Wiki)

Implements U.S. Law and DoD Policy. See AR 600-8-24 for details.

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Navy Policy (Navy Community of Practice Wiki)

Implements U.S. Law and DoD Policy. See SECNAVINST 1920.6C for details.

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Marine Corps Policy (USMC Community of Practice Wiki)

Implements U.S. Law and DoD Policy. See SECNAVINST 1920.6C for details. See also MCBUL 5215 for required changes to Marine Corps Directives to implement the repeal of Don't Ask, Don't Tell.