Gonzalez & Waddington – Attorneys at Law

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Commissioned Officers: limitations on dismissal. 10 U.S.C. §1161(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.
  • Drop From the Rolls (DFR) of the service. 10 U.S.C. §1161(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 10 U.S.C. §1167 by reason of a sentence to confinement adjudged by a court-martial – must be sentenced to more than 6 months confinement, served at least six months, and sentence to confinement is final; 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.
  • This is not a drop from the rolls of the unit. This is a drop from the rolls of the service – the administrative equivalent of the death penalty. It severs benefits except for non-regular retirement at age 60 for reservists. The process is relatively easy compared to a full-blown elimination action.

Court Martial Lawyers – Alexandra González-Waddington & Michael Waddington Attorneys at Law

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