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U.S. Code as of:
01/19/04
Section 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, (2) who may be separated under section 1167
of this title by reason of a sentence to confinement adjudged by a
court-martial, or (3) 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.
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