§ 12740. Eligibility: denial upon certain punitive discharges or dismissals
A person who—
(1)
is convicted of an offense under the Uniform Code of Military Justice (chapter
47 of this title) and whose sentence includes death; or
(2)
is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an officer) a dismissal,
is not eligible for retired pay under this chapter.