§ 1161. Commissioned officers: limitations on dismissal.
(b)
The President may drop from the rolls of any armed force any commissioned officer
(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.