10 U.S.C. § 1449 : US Code - Section 1449: Mental incompetency of member

Search 10 U.S.C. § 1449 : US Code - Section 1449: Mental incompetency of member

(a) Election by Secretary Concerned on Behalf of Mentally
Incompetent Member. - If a person to whom section 1448 of this
title applies is determined to be mentally incompetent by medical
officers of the armed force concerned or of the Department of
Veterans Affairs, or by a court of competent jurisdiction, an
election described in subsection (a)(2) or (b) of section 1448 of
this title may be made on behalf of that person by the Secretary
concerned.
(b) Revocation of Election by Member. -
(1) Authority upon subsequent determination of mental
competence. - If a person for whom the Secretary has made an
election under subsection (a) is later determined to be mentally
competent by an authority named in that subsection, that person
may, within 180 days after that determination, revoke that
election.
(2) Deductions from retired pay not to be refunded. - Any
deduction made from retired pay by reason of such an election may
not be refunded.