§327. Officers considered for removal; retirement or discharge; severance benefits

(a) At any time during proceedings under section 322 or 323 of this title, and before the removal of an officer, the Secretary may grant a request-

(1) for voluntary retirement, if the officer is otherwise qualified therefor; or

(2) for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321 of this title; or

(3) for discharge with severance benefits under subsection (b) in those cases arising under clause (2) of section 321 of this title.

(b) Each officer removed from active duty under section 326 of this title shall-

(1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or

(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than twelve, by one month's basic pay of that grade, in those cases arising under clause (1) of section 321 of this title; or

(3) if on that date the officer is ineligible for voluntary retirement under any law, be discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than twelve, by one month's basic pay of that grade, in those cases arising under clause (2) of section 321 of this title, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189 ; amended Pub. L. 97–295, §2(10), Oct. 12, 1982, 96 Stat. 1302 ; Pub. L. 99–348, title II, §205(b)(6), July 1, 1986, 100 Stat. 700 ; Pub. L. 105–383, title II, §201(c), Nov. 13, 1998, 112 Stat. 3414 .)

Amendments

1998-Subsec. (b)(3). Pub. L. 105–383 inserted before period at end ", unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay".

1986-Subsec. (b)(1). Pub. L. 99–348 struck out ", and with the pay" after "in the grade".

1982-Pub. L. 97–295 inserted "of this title" after "section 322 or 323" and "section 321" wherever appearing.