"10 U.S. Code § 1161. Commissioned officers: limitations on dismissal
prev | next
(a) No commissioned officer may be dismissed from any armed force except—
by sentence of a general court-martial;
in commutation of a sentence of a general court-martial; or
The President or the Secretary of Defense, or in the case of a commissioned officer of the Coast Guard, the Secretary of the department in which the Coast Guard is operating when it is not operating in the Navy, 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 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." US Code
Attention pilgrims! LTG Michael Flynn US Army (ret) is awaiting sentencing in the aftermath of one of the Mueller sting trials. Flynn is RETIRED from the US Army. That means he is still a member of the US Army rather than being a FORMER member of the US Army. As a RETIRED member he is still subject to recall to active duty to face disciplinary or administrative action. As is stated in Title 10, paragraph 1161 above, he can be Dismissed from the service administratively if sentenced to confinement. The root of this provision in the law lies in the long standing tradition in the US that commissioned officers (Lieutenant and up) cannot be confined and if sentenced to confinement be a court-martial or civilian court must be ejected from the US military as though they had never served. Enlisted service members can be given a bad discharge, but not commissioned officers. This is a form of death in life. In addition to the loss of retirement pay (an unvested benefit), rank, medical care, etc A loss of identity and feelings of deep shame would also result.
Military retirees do not receive pensions. They receive pay at a reduced rate appropriate to the rank and length of service. There are no residual benefits from this form of compensation if status as a retired service member is lost. This has nothing to do with any other benefits that may be received from something like the VA.
The administrative action of Dismissal would require an active decision on the part of the Secretaries of Defense or Army. But I ask you, pilgrims, who in the Trump Administration would decide to protect Mike Flynn? Who among them would not prefer to see him stripped of everything rather than have a Lieutenant General sit in jail with their "brand name' painted across his forehead.
I am not surprised that Flynn has now decided to get new lawyers. pl