(a)
(b)
(2) The total number of officers who may be provided a voluntary retirement incentive payment under this section may not exceed 675 officers.
(c)
(A) has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement;
(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 7311, 8323, or 9311 of this title, as applicable to that officer;
(C) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member's grade as specified in section 633 or 634 of this title;
(D) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; and
(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to years of service, skill rating, military specialty or competitive category, grade, any remaining period of obligated service, or any combination thereof.
(2) The following officers are not eligible for a voluntary retirement incentive payment under this section:
(A) An officer being evaluated for disability under chapter 61 of this title.
(B) An officer projected to be retired under section 1201 or 1204 of this title.
(C) An officer projected to be discharged with disability severance pay under section 1212 of this title.
(D) A member transferred to the temporary disability retired list under section 1202 or 1205 of this title.
(E) An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.
(d)
(e)
(2) Members who are involuntarily recalled to active duty or full-time National Guard duty under any provision of law shall not be subject to this subsection.
(3) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interest of the United States. The authority in this paragraph may be delegated only to the Under Secretary of Defense for Personnel and Readiness and the Principal Deputy Under Secretary of Defense of Personnel and Readiness.
Amendments
2018—Subsec. (c)(1)(B). Pub. L. 115–232 substituted "section 7311, 8323, or 9311" for "section 3911, 6323, or 8911".
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.