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
      (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
        (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.