-CITE-

10 USC CHAPTER 59 - SEPARATION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

.

-HEAD-

CHAPTER 59 - SEPARATION

-MISC1-

Sec.

1161. Commissioned officers: limitations on dismissal.

(1162, 1163. Repealed.)

1164. Warrant officers: separation for age.

1165. Regular warrant officers: separation during three-year

probationary period.

1166. Regular warrant officers: elimination for unfitness or

unsatisfactory performance.

1167. Members under confinement by sentence of court-martial:

separation after six months confinement.

1168. Discharge or release from active duty: limitations.

1169. Regular enlisted members: limitations on discharge.

1170. Regular enlisted members: minority discharge.

1171. Regular enlisted members: early discharge.

1172. Enlisted members: during war or emergency; discharge.

1173. Enlisted members: discharge for hardship.

1174. Separation pay upon involuntary discharge or release from

active duty.

1174a. Special separation benefits programs.

1175. Voluntary separation incentive.

1176. Enlisted members: retention after completion of 18 or more,

but less than 20, years of service.

(1177. Repealed.)

1178. System and procedures for tracking separations resulting from

refusal to participate in anthrax vaccine immunization program.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title VII, Sec.

751(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-193, added item

1178.

1996 - Pub. L. 104-134, title II, Sec. 2707(a)(2), Apr. 26, 1996,

110 Stat. 1321-330, struck out item 1177 ''Members infected with

HIV-1 virus: mandatory discharge or retirement''.

Pub. L. 104-106, div. A, title V, Sec. 563(a)(1)(B), 567(a)(2),

Feb. 10, 1996, 110 Stat. 325, 329, added item 1167 and substituted

''Members infected with HIV-1 virus: mandatory discharge or

retirement'' for ''Members who are permanently nonworldwide

assignable: mandatory discharge or retirement; counseling'' in item

1177.

1994 - Pub. L. 103-337, div. A, title V, Sec. 560(a)(2), title

XVI, Sec. 1671(b)(10), Oct. 5, 1994, 108 Stat. 2778, 3013, struck

out items 1162 ''Reserves: discharge'' and 1163 ''Reserve

components: members; limitations on separation'' and added item

1177.

1992 - Pub. L. 102-484, div. A, title V, Sec. 541(b), Oct. 23,

1992, 106 Stat. 2413, added item 1176.

1991 - Pub. L. 102-190, div. A, title VI, Sec. 661(a)(2),

662(a)(2), Dec. 5, 1991, 105 Stat. 1395, 1398, added items 1174a

and 1175.

1980 - Pub. L. 96-513, title V, Sec. 501(15), Dec. 12, 1980, 94

Stat. 2908, struck out item 1167 ''Regular warrant officers:

severance pay'' and added item 1174.

1973 - Pub. L. 93-64, title I, Sec. 102, July 9, 1973, 87 Stat.

147, added item 1173.

1968 - Pub. L. 90-235, Sec. 3(a)(1)(B), Jan. 2, 1968, 81 Stat.

757, added items 1169 to 1172.

1962 - Pub. L. 87-651, title I, Sec. 106(c), Sept. 7, 1962, 76

Stat. 508, added item 1168.

-CITE-

10 USC Sec. 1161 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1161. Commissioned officers: limitations on dismissal

-STATUTE-

(a) No commissioned officer may be dismissed from any armed force

except -

(1) by sentence of a general court-martial;

(2) in commutation of a sentence of a general court-martial; or

(3) in time of war, by order of the President.

(b) The President 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 89; Pub. L. 104-106, div. A,

title V, Sec. 563(b)(1), Feb. 10, 1996, 110 Stat. 325; Pub. L.

104-201, div. A, title X, Sec. 1074(a)(5), Sept. 23, 1996, 110

Stat. 2658.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1161(a) 50:739 (words before May 5, 1950, ch.

semicolon, less 169, Sec. 10 (less

applicability to applicability to

Navy and Marine Navy and Marine

Corps warrant Corps warrant

officers). officers), 64 Stat.

146.

1161(b) 50:739 (less words

before semicolon,

less applicability

to Navy and Marine

Corps warrant

officers).

-------------------------------

In subsections (a) and (b), the word ''commissioned'' is inserted

since, for the Army and the Air Force, the term ''officer'' is

intended to have the same meaning in 50:739 as it has in the

Uniform Code of Military Justice (article 4). For Navy warrant

officers see section 6408 of this title.

In subsection (b), the words ''from his place of duty'' are

omitted as surplusage. The words ''at least'' are substituted for

the words ''or more''. The words ''by a court other than a

court-martial or other military court'' are substituted for the

words ''by the civil authorities''.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-201 substituted ''section 1167''

for ''section 1178'' in par. (2).

Pub. L. 104-106 struck out ''or'' after ''three months,'', added

par. (2), and redesignated former par. (2) as (3).

RESTORATION OF RETIRED PAY TO OFFICERS DROPPED FROM ROLLS AFTER

DECEMBER 31, 1954 AND BEFORE AUGUST 25, 1958

Pub. L. 85-754, Aug. 25, 1958, 72 Stat. 847, provided: ''That

notwithstanding any other provisions of law, a former retired

officer dropped from the rolls under section 10 of the Act of May

5, 1950, ch. 169 (64 Stat. 146), or section 1161 of title 10,

United States Code, after December 31, 1954, and before the date of

enactment of this Act (Aug. 25, 1958) shall, for the purposes of

entitlement to retired or retirement pay after the date of

enactment of this Act, be treated as if he had not been dropped

from the rolls. Such an officer is also entitled to retroactive

retired or retirement pay for the period beginning on the date he

was dropped from the rolls and ending on the date of enactment of

this Act, as if he had not been dropped from the rolls.

''Sec. 2. A former retired officer covered by this Act is subject

to the penal, prohibitory, and restrictive provisions of law

applicable to the pay and civil employment of retired officers of

the Armed Forces and is not entitled to any other benefit provided

by law or regulation for retired officers of the Armed Forces.

After the date of enactment of this Act (Aug. 25, 1958), such a

former retired officer may, in the discretion of the President,

have his entitlement to retired or retirement pay under this Act

terminated for any reason for which any retired officer may be

dismissed from, or dropped from the rolls of, any Armed Force.

''Sec. 3. Appropriations available for the payment of retired pay

to members of the Armed Forces are available for payments under

this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12683 of this title; title

37 section 803; title 38 section 4304.

-CITE-

10 USC Sec. 1162, 1163 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

(Sec. 1162, 1163. Repealed. Pub. L. 103-337, div. A, title XVI,

Sec. 1662(i)(2), Oct. 5, 1994, 108 Stat. 2998)

-MISC1-

Section 1162, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(27), 72 Stat. 1450, related to

discharge of Reserves. See sections 12681 and 12682 of this title.

Section 1163, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept.

7, 1962, Pub. L. 87-651, title I, Sec. 106(a), 76 Stat. 508; Dec.

30, 1987, Pub. L. 100-224, Sec. 4, 101 Stat. 1538, related to

limitations on separation of Reserve members from their reserve

components. See sections 12683 to 12686 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

-CITE-

10 USC Sec. 1164 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1164. Warrant officers: separation for age

-STATUTE-

(a) Unless retired or separated on or before the expiration of

that period, each warrant officer shall be retired or separated

from his armed force not later than 60 days after the date when he

becomes 62 years of age, except as provided by section 8301 of

title 5.

(b) The Secretary concerned may defer, for not more than four

months, the separation under subsection (a) of any warrant officer

if, because of unavoidable circumstances, evaluation of his

physical condition and determination of his entitlement to

retirement or separation for physical disability require

hospitalization or medical observation that cannot be completed

before the date when he would otherwise be required to be retired

or separated under this section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 89-718, Sec. 3,

Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90-130, Sec. 1(5), Nov. 8,

1967, 81 Stat. 374; Pub. L. 96-513, title V, Sec. 511(41), Dec. 12,

1980, 94 Stat. 2923; Pub. L. 97-295, Sec. 1(16), Oct. 12, 1982, 96

Stat. 1290.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1164(a) 10:600l(c) (as May 29, 1954, ch.

applicable to men). 249, Sec. 14(c),

10:600r(c) (as (e) (as applicable

applicable to to (c)), 21(c) (as

10:600l(c)). applicable to Sec.

34:430(c) (as 14(c)), 68 Stat.

applicable to men). 163, 168.

34:430c (as

applicable to

34:430(c)).

1164(b) 10:600l(c) (less

applicability to

men).

34:430(c) (less

applicability to

men).

1164(c) 10:600l(e) (as

applicable to

10:600l(c)).

34:430(e) (as

applicable to

34:430(c)).

-------------------------------

In subsections (a) and (b), the words ''Except as provided in

clause (3) of subsection (b) of this section and in subsection (g)

of this section'' are omitted as covered by section 46 of the bill

and section 14(g) of the source statute. The words ''Unless

retired or separated on or before the expiration of that period''

are inserted for clarity. The words ''becomes 62(55) years of

age'' are substituted for the words ''attains the age of sixty-two

* * * or the age of fifty-five''.

In subsection (c), the words ''The Secretary concerned may

defer'' are substituted for the words ''may, in the discretion of

the Secretary, be deferred''. The words ''not more than'' are

substituted for the words ''a period not to exceed''. The words

''determination of his'' are inserted for clarity. The words ''he

would otherwise be required to be separated under this section''

are substituted for the words ''separation would otherwise be

required''. The words ''proper'', ''which is required'',

''possible'', and ''a period of'' are omitted as surplusage.

AMENDMENTS

1982 - Pub. L. 97-295, Sec. 1(16), substituted a colon for a

semicolon after ''officers'' in section catchline.

1980 - Subsec. (b). Pub. L. 96-513 redesignated former subsec.

(c) as (b).

Subsec. (c). Pub. L. 96-513 redesignated former subsec. (c) as

(b).

1967 - Subsec. (a). Pub. L. 90-130 struck out ''male'' before

''warrant officer''.

Subsec. (b). Pub. L. 90-130 struck out subsec. (b) which made

special provisions for female warrant officers.

Subsec. (c). Pub. L. 90-130 struck out reference to subsec. (b)

of this section.

1966 - Pub. L. 89-718 substituted ''8301'' for ''47a'' wherever

appearing.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

DEFERMENT OF SEPARATION WITH COMPLETION OF 20 YEARS OF SERVICE OR

AT AGE 60

Section 46 of act Aug. 10, 1956, provided that:

''(a) The separation of any person who, on November 1, 1954, was

a male permanent warrant officer of a regular component of an armed

force, and who upon attaining the age of 62 has completed less than

20 years of active service that could be credited to him under

section 511 of the Career Compensation Act of 1949 (37 U.S.C. 311)

(act Oct. 12, 1949, ch. 681, title V, Sec. 511, 63 Stat. 829, set

out as a note under section 580 of this title) may be deferred by

the Secretary concerned until he completes 20 years of that

service, but not later than that date which is 60 days after the

date on which he attains the age of 64.

''(b) The separation of any person who, on November 1, 1954, was

a female permanent warrant officer of a regular component of an

armed force, and who upon attaining the age of 55 has completed

less than 20 years of active service that could be credited to her

under section 511 of the Career Compensation Act of 1949 (37 U.S.C.

311) (act Oct. 12, 1949, ch. 681, title V, Sec. 511, 63 Stat. 829,

set out as a note under section 580 of this title) may be deferred

by the Secretary concerned until she completes 20 years of that

service, but not later than that date which is 60 days after the

date on which she attains the age of 60.''

-CITE-

10 USC Sec. 1165 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1165. Regular warrant officers: separation during three-year

probationary period

-STATUTE-

The Secretary concerned may terminate the regular appointment of

any permanent regular warrant officer at any time within three

years after the date when the officer accepted his original

permanent appointment as a warrant officer in that component. A

warrant officer who is separated under this section is entitled, if

eligible therefor, to separation pay under section 1174 or he may

be enlisted under section 515 of this title. If such a warrant

officer is enlisted under section 515 of this title, he is not

entitled to separation pay.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 96-513, title I,

Sec. 109(b)(1), Dec. 12, 1980, 94 Stat. 2870.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1165 10:600d (less last May 29, 1954, ch.

36 words of last 249, Sec. 6 (less

sentence). 34:135d last 36 words of

(less last 36 words last sentence), 68

of last sentence). Stat. 159.

-------------------------------

The words ''in his discretion'' are omitted as surplusage. The

last 10 words of the last sentence are inserted for clarity.

AMENDMENTS

1980 - Pub. L. 96-513 authorized entitlement, if the regular

warrant officer is eligible therefor, to separation pay under

section 1174.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 515, 1166, 1174 of this

title; title 14 section 286a.

-CITE-

10 USC Sec. 1166 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1166. Regular warrant officers: elimination for unfitness or

unsatisfactory performance

-STATUTE-

(a) Under such regulations as the Secretary concerned may

prescribe, and subject to the recommendations of a board of

officers or a selection board under section 576 of this title, a

permanent regular warrant officer who is eligible for retirement

under any provision of law shall be retired under that law if his

records and reports establish his unfitness or unsatisfactory

performance of duty. If he is not eligible for retirement under

any provision of law, but since the date when he accepted his

original permanent appointment as a regular warrant officer he has

at least three years of active service that could be credited to

him under section 511 of the Career Compensation Act of 1949, as

amended (70 Stat. 114), he shall, if eligible therefor, be

separated with separation pay under section 1174 of this title or

severance pay under section 286a of title 14, as appropriate.

However, instead of being paid separation pay or severance pay he

may be enlisted under section 515 of this title. If he does not

have three years of such service, he shall be separated under

section 1165 of this title.

(b) The Secretary concerned may defer, for not more than four

months, the retirement or separation under subsection (a) of any

warrant officer if, because of unavoidable circumstances,

evaluation of his physical condition and determination of his

entitlement to retirement or separation for physical disability

require hospitalization or medical observation that cannot be

completed before the date when he would otherwise be required to be

retired or separated under this section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 87-649, Sec.

6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 96-513, title I, Sec.

109(b)(2), Dec. 12, 1980, 94 Stat. 2870; Pub. L. 102-190, div. A,

title XI, Sec. 1131(5), Dec. 5, 1991, 105 Stat. 1506.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1166(a) 10:600m (less last May 29, 1954, ch.

21 words of 3d 249, Sec. 2(d) (as

sentence). applicable to Sec.

10:600(d) (as 15), 14(e) (as

applicable to applicable to Sec.

10:600m). 34:430a 15), 15 (less last

(less last 21 words 21 words of 3d

of 3d sentence). sentence), 68 Stat.

34:135(d) (as 157, 163, 164.

applicable to

34:430a).

1166(b) 10:600l(e) (as

applicable to

10:600m). 34:430(e)

(as applicable to

34:430a).

-------------------------------

In subsection (a), the words ''he shall be separated'' are

substituted for the words ''his appointment as a permanent warrant

officer of the Regular service and any other appointment which he

may hold in any warrant officer or commissioned officer grade shall

be terminated'' and ''his appointment shall be terminated''. The

words ''at least three'' are substituted for the words ''more than

three'' for clarity.

In subsection (b), the words ''The Secretary concerned may

defer'' are substituted for the words ''may, in the discretion of

the Secretary, be deferred''. The words ''not more than'' are

substituted for the words ''a period not to exceed''. The words

''he would otherwise be required to be retired or separated under

this section'' are substituted for the words ''retirement * * *

would otherwise be required''. The words ''determination of his''

are inserted for clarity. The words ''which is required'',

''possible'', ''proper'', and ''a period of'' are omitted as

surplusage.

-REFTEXT-

REFERENCES IN TEXT

Section 511 of the Career Compensation Act of 1949, as amended,

referred to in subsec. (a), is set out as a note under section 580

of this title.

-MISC2-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-190 substituted ''section 576''

for ''section 560''.

1980 - Subsec. (a). Pub. L. 96-513 provided that officers

discharged under this section are entitled, if eligible therefor,

to separation pay under section 1174 or severance pay under section

286a of title 14.

1962 - Subsec. (a). Pub. L. 87-649 substituted ''section 511 of

the Career Compensation Act of 1949, as amended (70 Stat. 114)''

for ''section 311 of title 37.''

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as a note preceding section 101 of

Title 37, Pay and Allowances of the Uniformed Services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 515, 576, 1174 of this

title; title 14 section 286a.

-CITE-

10 USC Sec. 1167 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1167. Members under confinement by sentence of court-martial:

separation after six months confinement

-STATUTE-

Except as otherwise provided in regulations prescribed by the

Secretary of Defense, a member sentenced by a court-martial to a

period of confinement for more than six months may be separated

from the member's armed force at any time after the sentence to

confinement has become final under chapter 47 of this title and the

member has served in confinement for a period of six months.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 563(a)(1)(A), Feb.

10, 1996, 110 Stat. 325; amended Pub. L. 104-201, div. A, title X,

Sec. 1074(a)(6), Sept. 23, 1996, 110 Stat. 2659.)

-MISC1-

PRIOR PROVISIONS

A prior section 1167, acts Aug. 10, 1956, ch. 1041, 70A Stat. 91;

June 28, 1962, Pub. L. 87-509, Sec. 4(a), 76 Stat. 121; Sept. 7,

1962, Pub. L. 87-649, Sec. 6(f)(3), 76 Stat. 494, related to

severance pay of regular warrant officers, prior to repeal by Pub.

L. 96-513, title I, Sec. 109(b)(3), title VII, Sec. 701, Dec. 12,

1980, 94 Stat. 2870, 2955, effective Sept. 15, 1981.

AMENDMENTS

1996 - Pub. L. 104-201 substituted ''member has served'' for

''person has served''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1161 of this title.

-CITE-

10 USC Sec. 1168 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1168. Discharge or release from active duty: limitations

-STATUTE-

(a) A member of an armed force may not be discharged or released

from active duty until his discharge certificate or certificate of

release from active duty, respectively, and his final pay or a

substantial part of that pay, are ready for delivery to him or his

next of kin or legal representative.

(b) This section does not prevent the immediate transfer of a

member to a facility of the Department of Veterans Affairs for

necessary hospital care.

-SOURCE-

(Added Pub. L. 87-651, title I, Sec. 106(b), Sept. 7, 1962, 76

Stat. 508; amended Pub. L. 101-189, div. A, title XVI, Sec.

1621(a)(4), Nov. 29, 1989, 103 Stat. 1603.)

-MISC1-

HISTORICAL AND REVISION NOTES

The new section 1168 of title 10 is transferred from section

1218(a) and (c) of title 10 as being more appropriate in the

chapter on separation.

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-189 substituted ''facility of the

Department of Veterans Affairs'' for ''Veterans' Administration

facility''.

-CITE-

10 USC Sec. 1169 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1169. Regular enlisted members: limitations on discharge

-STATUTE-

No regular enlisted member of an armed force may be discharged

before his term of service expires, except -

(1) as prescribed by the Secretary concerned;

(2) by sentence of a general or special court martial; or

(3) as otherwise provided by law.

-SOURCE-

(Added Pub. L. 90-235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat.

757.)

-CITE-

10 USC Sec. 1170 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1170. Regular enlisted members: minority discharge

-STATUTE-

Upon application by the parents or guardian of a regular enlisted

member of an armed force to the Secretary concerned within 90 days

after the member's enlistment, the member shall be discharged for

his own convenience, with the pay and form of discharge certificate

to which his service entitles him, if -

(1) there is evidence satisfactory to the Secretary concerned

that the member is under eighteen years of age; and

(2) the member enlisted without the written consent of his

parent or guardian.

-SOURCE-

(Added Pub. L. 90-235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat.

757.)

-CITE-

10 USC Sec. 1171 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1171. Regular enlisted members: early discharge

-STATUTE-

Under regulations prescribed by the Secretary concerned and

approved by the President, any regular enlisted member of an armed

force may be discharged within three months before the expiration

of the term of his enlistment or extended enlistment. A discharge

under this section does not affect any right, privilege, or benefit

that a member would have had if he completed his enlistment or

extended enlistment, except that the member is not entitled to pay

and allowances for the period not served.

-SOURCE-

(Added Pub. L. 90-235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat.

757.)

-EXEC-

EX. ORD. NO. 11498. DELEGATION OF AUTHORITY TO SECRETARY OF DEFENSE

Ex. Ord. No. 11498, Dec. 1, 1969, 34 F.R. 19125, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

it is ordered that the Secretary of Defense is hereby designated

and empowered to approve regulations issued by the Secretaries

concerned under section 1171 of title 10, United States Code,

effective January 2, 1968, which relate to the early discharge of

regular enlisted members of the armed forces. Richard Nixon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 5303A.

-CITE-

10 USC Sec. 1172 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1172. Enlisted members: during war or emergency; discharge

-STATUTE-

A person enlisted under section 518 of this title may be

discharged at any time by the President, or otherwise according to

law.

-SOURCE-

(Added Pub. L. 90-235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat.

757.)

-CITE-

10 USC Sec. 1173 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1173. Enlisted members: discharge for hardship

-STATUTE-

Under regulations prescribed by the Secretary concerned, a

regular enlisted member of an armed force who has dependents may be

discharged for hardship.

-SOURCE-

(Added Pub. L. 93-64, title I, Sec. 102, July 9, 1973, 87 Stat.

147.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1973, see section 206 of Pub. L. 93-64,

set out as a note under section 401 of Title 37, Pay and Allowances

of the Uniformed Services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 sections 404, 406; title

38 section 5303A.

-CITE-

10 USC Sec. 1174 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1174. Separation pay upon involuntary discharge or release

from active duty

-STATUTE-

(a) Regular Officers. - (1) A regular officer who is discharged

under chapter 36 of this title (except under section 630(1)(A) or

643 of such chapter) or under section 580 or 6383 of this title and

who has completed six or more, but less than twenty, years of

active service immediately before that discharge is entitled to

separation pay computed under subsection (d)(1).

(2) A regular commissioned officer of the Army, Navy, Air Force,

or Marine Corps who is discharged under section 630(1)(A), 643, or

1186 of this title, and a regular warrant officer of the Army,

Navy, Air Force, or Marine Corps who is separated under section

1165 or 1166 of this title, who has completed six or more, but less

than twenty, years of active service immediately before that

discharge or separation is entitled to separation pay computed

under subsection (d)(1) or (d)(2), as determined by the Secretary

of the military department concerned, unless the Secretary

concerned determines that the conditions under which the officer is

discharged or separated do not warrant payment of such pay.

(3) Notwithstanding paragraphs (1) and (2), an officer discharged

under any provision of chapter 36 of this title for twice failing

of selection for promotion to the next higher grade is not entitled

to separation pay under this section if either (or both) of those

failures of selection for promotion was by the action of a

selection board to which the officer submitted a request in writing

not to be selected for promotion or who otherwise directly caused

his nonselection through written communication to the Board under

section 614(b) of this title.

(4) Notwithstanding paragraphs (1) and (2), an officer who is

subject to discharge under any provision of chapter 36 of this

title or under section 580 or 6383 of this title by reason of

having twice failed of selection for promotion to the next higher

grade is not entitled to separation pay under this section if that

officer, after such second failure of selection for promotion, is

selected for, and declines, continuation on active duty for a

period that is equal to or more than the amount of service required

to qualify the officer for retirement.

(b) Regular Enlisted Members. - (1) A regular enlisted member of

an armed force who is discharged involuntarily or as the result of

the denial of the reenlistment of the member and who has completed

six or more, but less than 20, years of active service immediately

before that discharge is entitled to separation pay computed under

subsection (d) unless the Secretary concerned determines that the

conditions under which the member is discharged do not warrant

payment of such pay.

(2) Separation pay of an enlisted member shall be computed under

paragraph (1) of subsection (d), except that such pay shall be

computed under paragraph (2) of such subsection in the case of a

member who is discharged under criteria prescribed by the Secretary

of Defense.

(c) Other Members. - (1) Except as provided in paragraphs (2) and

(3), a member of an armed force other than a regular member who is

discharged or released from active duty and who has completed six

or more, but fewer than 20, years of active service immediately

before that discharge or release is entitled to separation pay

computed under subsection (d)(1) or (d)(2), as determined by the

Secretary concerned, if -

(A) the member's discharge or release from active duty is

involuntary; or

(B) the member was not accepted for an additional tour of

active duty for which he volunteered.

(2) If the Secretary concerned determines that the conditions

under which a member described in paragraph (1) is discharged or

separated do not warrant separation pay under this section, that

member is not entitled to that pay.

(3) A member described in paragraph (1) who was not on the

active-duty list when discharged or separated is not entitled to

separation pay under this section unless such member had completed

at least six years of continuous active duty immediately before

such discharge or release. For purposes of this paragraph, a

period of active duty is continuous if it is not interrupted by a

break in service of more than 30 days.

(4) In the case of an officer who is subject to discharge or

release from active duty under a law or regulation requiring that

an officer who has failed of selection for promotion to the next

higher grade for the second time be discharged or released from

active duty and who, after such second failure of selection for

promotion, is selected for, and declines, continuation on active

duty -

(A) if the period of time for which the officer was selected

for continuation on active duty is less than the amount of

service that would be required to qualify the officer for

retirement, the officer's discharge or release from active duty

shall be considered to be involuntary for purposes of paragraph

(1)(A); and

(B) if the period of time for which the officer was selected

for continuation on active duty is equal to or more than the

amount of service that would be required to qualify the officer

for retirement, the officer's discharge or release from active

duty shall not be considered to be involuntary for the purposes

of paragraph (1)(A).

(d) Amount of Separation Pay. - The amount of separation pay

which may be paid to a member under this section is -

(1) 10 percent of the product of (A) his years of active

service, and (B) 12 times the monthly basic pay to which he was

entitled at the time of his discharge or release from active

duty; or

(2) one-half of the amount computed under clause (1).

(e) Requirement for Service in Ready Reserve; Exceptions To

Eligibility. - (1)(A) As a condition of receiving separation pay

under this section, a person otherwise eligible for that pay shall

be required to enter into a written agreement with the Secretary

concerned to serve in the Ready Reserve of a reserve component for

a period of not less than three years following the person's

discharge or release from active duty. If the person has a service

obligation under section 651 of this title or under any other

provision of law that is not completed at the time the person is

discharged or released from active duty, the three-year obligation

under this subsection shall begin on the day after the date on

which the person completes the person's obligation under such

section or other provision of law.

(B) Each person who enters into an agreement referred to in

subparagraph (A) who is not already a Reserve of an armed force and

who is qualified shall, upon such person's discharge or release

from active duty, be enlisted or appointed, as appropriate, as a

Reserve and be transferred to a reserve component.

(2) A member who is discharged or released from active duty is

not eligible for separation pay under this section if the member -

(A) is discharged or released from active duty at his request;

(B) is discharged or released from active duty during an

initial term of enlistment or an initial period of obligated

service;

(C) is released from active duty for training; or

(D) upon discharge or release from active duty, is immediately

eligible for retired or retainer pay based on his military

service.

(f) Counting Fractional Years of Service. - In determining a

member's years of active service for the purpose of computing

separation pay under this section, each full month of service that

is in addition to the number of full years of service creditable to

the member is counted as one-twelfth of a year and any remaining

fractional part of a month is disregarded.

(g) Coordination With Other Separation or Severance Pay Benefits.

- A period for which a member has previously received separation

pay under this section or severance pay or readjustment pay under

any other provision of law based on service in the armed forces may

not be included in determining the years of service that may be

counted in computing the separation pay of the member under this

section.

(h) Coordination With Retired or Retainer Pay and Disability

Compensation. - (1) A member who has received separation pay under

this section, or separation pay, severance pay, or readjustment pay

under any other provision of law, based on service in the armed

forces, and who later qualifies for retired or retainer pay under

this title or title 14 shall have deducted from each payment of

such retired or retainer pay so much of such pay as is based on the

service for which he received separation pay under this section or

separation pay, severance pay, or readjustment pay under any other

provision of law until the total amount deducted is equal to the

total amount of separation pay, severance pay, and readjustment pay

received.

(2) A member who has received separation pay under this section,

or severance pay or readjustment pay under any other provision of

law, based on service in the armed forces shall not be deprived, by

reason of his receipt of such separation pay, severance pay, or

readjustment pay, of any disability compensation to which he is

entitled under the laws administered by the Department of Veterans

Affairs, but there shall be deducted from that disability

compensation an amount equal to the total amount of separation pay,

severance pay, and readjustment pay received, less the amount of

Federal income tax withheld from such pay (such withholding being

at the flat withholding rate for Federal income tax withholding, as

in effect pursuant to regulations prescribed under chapter 24 of

the Internal Revenue Code of 1986). Notwithstanding the preceding

sentence, no deduction may be made from disability compensation for

the amount of any separation pay, severance pay, or readjustment

pay received because of an earlier discharge or release from a

period of active duty if the disability which is the basis for that

disability compensation was incurred or aggravated during a later

period of active duty.

(i) Regulations; Crediting of Other Commissioned Service. - (1)

The Secretary of Defense shall prescribe regulations, which shall

be uniform for the Army, Navy, Air Force, and Marine Corps, for the

administration of this section.

(2) Active commissioned service in the National Oceanic and

Atmospheric Administration or the Public Health Service shall be

credited as active service in the armed forces for the purposes of

this section.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 109(c), Dec. 12, 1980, 94

Stat. 2870; amended Pub. L. 97-22, Sec. 10(b)(10)(A), July 10,

1981, 95 Stat. 137; Pub. L. 98-94, title IX, Sec. 911(a), (b),

923(b), title X, Sec. 1007(c)(2), Sept. 24, 1983, 97 Stat. 639,

640, 643, 662; Pub. L. 98-498, title III, Sec. 320(a)(2), Oct. 19,

1984, 98 Stat. 2308; Pub. L. 101-189, div. A, title XVI, Sec.

1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 101-510, div.

A, title V, Sec. 501(a)-(d), (g), (h), Nov. 5, 1990, 104 Stat.

1549-1551; Pub. L. 102-190, div. A, title XI, Sec. 1131(6), Dec.

5, 1991, 105 Stat. 1506; Pub. L. 103-160, div. A, title V, Sec.

501(a), Nov. 30, 1993, 107 Stat. 1644; Pub. L. 103-337, div. A,

title V, Sec. 560(c), Oct. 5, 1994, 108 Stat. 2778; Pub. L.

104-201, div. A, title VI, Sec. 653(a), Sept. 23, 1996, 110 Stat.

2583; Pub. L. 105-85, div. A, title X, Sec. 1073(a)(22), Nov. 18,

1997, 111 Stat. 1901; Pub. L. 105-261, div. A, title V, Sec.

502(a), Oct. 17, 1998, 112 Stat. 2003; Pub. L. 106-398, Sec. 1

((div. A), title V, Sec. 508(a), (b)), Oct. 30, 2000, 114 Stat.

1654, 1654A-107.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 24 of the Internal Revenue Code of 1986, referred to in

subsec. (h)(2), is classified generally to chapter 24 (Sec. 3401 et

seq.) of Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(4). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 508(a)), added par. (4).

Subsec. (c)(4). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

508(b)), added par. (4).

1998 - Subsec. (a)(3). Pub. L. 105-261 added par. (3).

1997 - Subsec. (a)(1). Pub. L. 105-85 struck out '', 1177,''

before ''or 6383 of this title''.

1996 - Subsec. (h)(2). Pub. L. 104-201 inserted '', less the

amount of Federal income tax withheld from such pay (such

withholding being at the flat withholding rate for Federal income

tax withholding, as in effect pursuant to regulations prescribed

under chapter 24 of the Internal Revenue Code of 1986)'' before

period at end of first sentence.

1994 - Subsec. (a)(1). Pub. L. 103-337 inserted '', 1177,'' after

''section 580''.

1993 - Subsec. (a)(1). Pub. L. 103-160 substituted ''six'' for

''five''.

1991 - Subsec. (a)(1). Pub. L. 102-190 substituted ''section

580'' for ''section 564''.

1990 - Subsec. (a). Pub. L. 101-510, Sec. 501(a)(1), inserted

heading.

Subsec. (a)(1). Pub. L. 101-510, Sec. 501(g)(1), substituted ''or

under section 564 or 6383 of this title'' for '', under section 564

or 6383 of this title, or under section 603 or 604 of the Defense

Officer Personnel Management Act'' and struck out ''or release''

after ''that discharge''.

Subsec. (a)(2). Pub. L. 101-510, Sec. 501(b)(1), substituted

''six or more'' for ''five or more''.

Pub. L. 101-510, Sec. 501(a)(2), redesignated subsec. (b) as

subsec. (a)(2).

Subsec. (b). Pub. L. 101-510, Sec. 501(a)(3), added subsec. (b).

Former subsec. (b) redesignated (a)(2).

Subsec. (c). Pub. L. 101-510, Sec. 501(h)(1), inserted heading.

Subsec. (c)(1). Pub. L. 101-510, Sec. 501(g)(2), struck out

''after September 14, 1981,'' after ''member who'' in introductory

provisions.

Pub. L. 101-510, Sec. 501(b)(1), substituted ''six or more'' for

''five or more'' in introductory provisions.

Subsec. (c)(3). Pub. L. 101-510, Sec. 501(b)(2), substituted ''at

least six years'' for ''at least five years''.

Subsec. (d). Pub. L. 101-510, Sec. 501(h)(2), inserted heading.

Subsec. (d)(1). Pub. L. 101-510, Sec. 501(c)(1)(A), struck out

''or $30,000, whichever is less'' after ''active duty''.

Subsec. (d)(2). Pub. L. 101-510, Sec. 501(c)(1)(B), struck out

'', but in no event more than $15,000'' after ''under clause (1)''.

Subsec. (e). Pub. L. 101-510, Sec. 501(d), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''A

member who -

''(1) is discharged or released from active duty at his

request;

''(2) is released from active duty for training; or

''(3) upon discharge or release from active duty, is

immediately eligible for retired or retainer pay based on his

military service;

is not eligible for separation pay under this section.''

Subsec. (f). Pub. L. 101-510, Sec. 501(h)(3), inserted heading.

Subsec. (g). Pub. L. 101-510, Sec. 501(h)(4), inserted heading.

Pub. L. 101-510, Sec. 501(c)(2), struck out ''(1)'' after ''(g)''

and struck out par. (2) which read as follows: ''The total amount

that a member may receive in separation pay under this section and

severance pay and readjustment pay under any other provision of

law, other than section 1212 of this title, based on service in the

armed forces may not exceed $30,000.''

Subsec. (h). Pub. L. 101-510, Sec. 501(h)(5), inserted heading.

Subsec. (i). Pub. L. 101-510, Sec. 501(h)(6), inserted heading.

1989 - Subsec. (h)(2). Pub. L. 101-189 substituted ''Department

of Veterans Affairs'' for ''Veterans' Administration''.

1984 - Subsec. (h)(1). Pub. L. 98-498 substituted ''separation

pay, severance pay,'' for ''severance pay'' before ''or

readjustment pay'' in two places.

1983 - Subsec. (c). Pub. L. 98-94, Sec. 911(a), amended subsec.

(c) generally, designating existing provisions as par. (1) and

existing pars. (1) and (2) as subpars. (A) and (B), respectively,

and in provisions preceding subpar. (A) substituted ''Except as

provided in paragraphs (2) and (3), a member'' for ''A member'' and

''fewer than 20, years of active service immediately before that

discharge or release is entitled to separation pay'' for ''less

than twenty, years of active service immediately before that

discharge or release is entitled, unless the Secretary concerned

determines that the conditions under which the member is discharged

or separated do not warrant such pay, to separation pay'', and

added pars. (2) and (3).

Subsec. (f). Pub. L. 98-94, Sec. 923(b), amended subsec. (f)

generally, substituting ''each full month of service that is in

addition to the number of full years of service creditable to the

member is counted as one-twelfth of a year and any remaining

fractional part of a month is disregarded'' for ''a part of a year

that is six months or more is counted as a whole year and a part of

a year that is less than six months is disregarded''.

Subsec. (g)(2). Pub. L. 98-94, Sec. 911(b), inserted '', other

than section 1212 of this title,'' after ''any other provision of

law''.

Subsec. (i). Pub. L. 98-94, Sec. 1007(c)(2), designated existing

provisions as par. (1) and added par. (2).

1981 - Subsec. (c). Pub. L. 97-22 substituted ''after September

14, 1981,'' for ''on or after the effective date of the Defense

Officer Personnel Management Act''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 508(c)), Oct.

30, 2000, 114 Stat. 1654, 1654A-107, provided that: ''Paragraph (4)

of section 1174(a) of title 10, United States Code, as added by

subsection (a), and paragraph (4) of section 1174(c) of such title,

as added by subsection (b), shall apply with respect to any offer

of selective continuation on active duty that is declined on or

after the date of the enactment of this Act (Oct. 30, 2000).''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-261 applicable with respect to selection

boards convened under section 611(a) of this title on or after Oct.

17, 1998, see section 502(c) of Pub. L. 105-261, set out as a note

under section 617 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Pub. L. 105-178, title VIII, Sec. 8208, June 9, 1998, 112 Stat.

495, provided that: ''The amendment made by section 653 of the

National Defense Authorization Act for Fiscal Year 1997 (Public Law

104-201; 110 Stat. 2583) to subsection (h)(2) of section 1174 of

title 10, United States Code, shall apply to any payment of

separation pay under the special separation benefits program under

section 1174a of that title that was made during the period

beginning on December 5, 1991, and ending on September 30, 1996.''

Section 653(b) of Pub. L. 104-201 provided that: ''The amendments

made by this section (amending this section) shall take effect on

October 1, 1996, and shall apply to payments of separation pay,

severance pay, or readjustment pay that are made after September

30, 1996.''

EFFECTIVE DATE OF 1993 AMENDMENT

Section 501(b) of Pub. L. 103-160 provided that:

''(1) Except as provided in paragraph (2), the amendment made by

subsection (a) (amending this section) shall apply with respect to

any regular officer who is discharged after the date of the

enactment of this Act (Nov. 30, 1993).

''(2) The amendment made by subsection (a) shall not apply with

respect to an officer who on the date of the enactment of this Act

has five or more, but less than six, years of active service in the

Armed Forces.''

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 501(e) of Pub. L. 101-510 provided that:

''(1) Except as provided in paragraph (2), subsection (b) of

section 1174 of title 10, United States Code, as added by

subsection (a), and the amendments made by subsections (b), (c),

and (d) (amending this section) shall apply with respect to a

member of the Armed Forces who is discharged, or released from

active duty, after the date of the enactment of this Act (Nov. 5,

1990).

''(2) The amendments made by subsection (b) (amending this

section) shall not apply in the case of a member (other than a

regular enlisted member) of the Armed Forces who (A) is serving on

active duty on the date of the enactment of this Act, (B) is

discharged, or released from active duty, after that date; and (C)

on that date has five or more, but less than six, years of active

service in the Armed Forces.''

EFFECTIVE DATE OF 1983 AMENDMENT

Section 911(c) of Pub. L. 98-94 provided that: ''The amendments

made by this section (amending this section) shall take effect on

October 1, 1983.''

Section 923(g) of Pub. L. 98-94 provided that: ''The amendments

made by this section (amending this section and sections 1401,

1402, 1402a, 3991, 3992, 6151, 6328, 6330, 6404, 8991, and 8992 of

this title, section 423 of Title 14, Coast Guard, section 853o of

Title 33, Navigation and Navigable Waters, and section 212 of Title

42, The Public Health and Welfare) shall apply with respect to (1)

the computation of retired or retainer pay of any individual who

becomes entitled to that pay after September 30, 1983, and (2) the

recomputation of retired pay under section 1402, 1402a, 3992, or

8992 of title 10, United States Code, of any individual who after

September 30, 1983, becomes entitled to recompute retired pay under

any such section.''

EFFECTIVE DATE OF 1981 AMENDMENT

Section 10(b) of Pub. L. 97-22 provided that the amendment made

by that section is effective Sept. 15, 1981.

EFFECTIVE DATE

Section effective Sept. 15, 1981, but the authority to prescribe

regulations under this section effective on Dec. 12, 1980, see

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 580, 642, 1165, 1166,

1174a, 1186, 6383, 14517, 14905 of this title; title 14 sections

286, 286a; title 33 section 3042.

-CITE-

10 USC Sec. 1174a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1174a. Special separation benefits programs

-STATUTE-

(a) Requirement for Programs. - The Secretary concerned shall

carry out a special separation benefits program under this

section. An eligible member of the armed forces may request

separation under the program. The request shall be subject to the

approval of the Secretary.

(b) Benefits. - Upon the approval of the request of an eligible

member, the member shall -

(1) be released from active duty or full-time National Guard

duty or discharged, as the case may be; and

(2) be entitled to -

(A) separation pay equal to 15 percent of the product of (i)

the member's years of active service, and (ii) 12 times the

monthly basic pay to which the member is entitled at the time

of his discharge or release from active duty; and

(B) the same benefits and services as are provided under

chapter 58 of this title, sections 404 and 406 of title 37, and

section 503(c) of the National Defense Authorization Act for

Fiscal Year 1991 (104 Stat. 1558; 37 U.S.C. 406 note) for

members of the armed forces who are involuntarily separated

within the meaning of section 1141 of this title.

(c) Eligibility. - Subject to subsections (d) and (e), a member

of an armed force is eligible for voluntary separation under a

program established for that armed force pursuant to this section

if the member -

(1) has not been approved for payment of a voluntary separation

incentive under section 1175 of this title;

(2) has served on active duty or full-time National Guard duty

or any combination of active duty and full-time National Guard

duty for more than 6 years;

(3) has served on active duty or full-time National Guard duty

or any combination of active duty and full-time National Guard

duty for not more than 20 years;

(4) has served at least 5 years of continuous active duty or

full-time National Guard duty or any combination of active duty

and full-time National Guard duty immediately preceding the date

of the member's separation from active duty; and

(5) meets such other requirements as the Secretary may

prescribe, which may include requirements relating to -

(A) years of service;

(B) skill or rating;

(C) grade or rank; and

(D) remaining period of obligated service.

(d) Program Applicability. - The Secretary concerned may provide

for the program under this section to apply to any of the following

members:

(1) A regular officer or warrant officer of an armed force.

(2) A regular enlisted member of an armed force.

(3) A member of an armed force other than a regular member.

(e) Applicability Subject to Needs of the Service. - (1) Subject

to paragraphs (2) and (3), the Secretary concerned may limit the

applicability of a program under this section to any category of

personnel defined by the Secretary in order to meet a need of the

armed force under the Secretary's jurisdiction to reduce the number

of members in certain grades, the number of members who have

completed a certain number of years of active service, or the

number of members who possess certain military skills or are

serving in designated competitive categories.

(2) Any category prescribed by the Secretary concerned for

regular officers, regular enlisted members, or other members

pursuant to paragraph (1) shall be consistent with the categories

applicable to regular officers, regular enlisted members, or other

members, respectively, under the voluntary separation incentive

program under section 1175 of this title or any other program

established by law or by that Secretary for the involuntary

separation of such members in the administration of a reduction in

force.

(3) A member of the armed forces offered a voluntary separation

incentive under section 1175 of this title shall also be offered

the opportunity to request separation under a program established

pursuant to this section. If the Secretary concerned approves a

request for separation under either such section, the member shall

be separated under the authority of the section selected by such

member.

(f) Application Requirements. - (1) In order to be separated

under a program established pursuant to this section -

(A) a regular enlisted member eligible for separation under

that program shall -

(i) submit a request for separation under the program before

the expiration of the member's term of enlistment; or

(ii) upon discharge at the end of such term, enter into a

written agreement (pursuant to regulations prescribed by the

Secretary concerned) not to request reenlistment in a regular

component; and

(B) a member referred to in subsection (d)(3) eligible for

separation under that program shall submit a request for

separation to the Secretary concerned before the expiration of

the member's established term of active service.

(2) For purposes of this section, the entry of a member into an

agreement referred to in paragraph (1)(A)(ii) under a program

established pursuant to this section shall be considered a request

for separation under the program.

(g) Other Conditions, Requirements, and Administrative

Provisions. - Subsections (e) through (h), other than subsection

(e)(2)(A), of section 1174 of this title shall apply in the

administration of programs established under this section.

(h) Termination of Program. - (1) Except as provided in paragraph

(2), the Secretary concerned may not conduct a program pursuant to

this section after December 31, 2001.

(2) No member of the armed forces may be separated under a

program established pursuant to this section after the date of the

termination of that program.

-SOURCE-

(Added Pub. L. 102-190, div. A, title VI, Sec. 661(a)(1), Dec. 5,

1991, 105 Stat. 1394; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(15), div. D, title XLIV, Sec. 4405(a), 4422(a), Oct. 23,

1992, 106 Stat. 2499, 2706, 2718; Pub. L. 103-35, title II, Sec.

202(a)(17), May 31, 1993, 107 Stat. 102; Pub. L. 103-160, div. A,

title V, Sec. 502, 561(g), Nov. 30, 1993, 107 Stat. 1644, 1668;

Pub. L. 103-337, div. A, title V, Sec. 542(b), Oct. 5, 1994, 108

Stat. 2768; Pub. L. 105-261, div. A, title V, Sec. 561(b), Oct.

17, 1998, 112 Stat. 2025; Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 571(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-134.)

-MISC1-

AMENDMENTS

2000 - Subsec. (h)(1). Pub. L. 106-398 substituted ''December 31,

2001'' for ''September 30, 2001''.

1998 - Subsec. (h)(1). Pub. L. 105-261 substituted ''September

30, 2001'' for ''September 30, 1999''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 542(b)(1), substituted

''concerned'' for ''of each military department''.

Subsec. (d). Pub. L. 103-337, Sec. 542(b)(2), substituted

''concerned'' for ''of a military department''.

Subsec. (e)(3). Pub. L. 103-337, Sec. 542(b)(3), struck out ''of

the military department'' after ''Secretary''.

Subsec. (h). Pub. L. 103-337, Sec. 542(b)(4), substituted

''concerned'' for ''of a military department''.

1993 - Subsec. (c)(2). Pub. L. 103-160, Sec. 502, struck out

''before December 5, 1991'' after ''6 years''.

Subsec. (c)(3). Pub. L. 103-35, Sec. 202(a)(17)(A), made

technical amendment to directory language of Pub. L. 102-484, Sec.

4422(a)(3). See 1992 Amendment note below.

Subsec. (c)(4). Pub. L. 103-35, Sec. 202(a)(17)(B), made

technical amendment to directory language of Pub. L. 102-484, Sec.

4422(a)(4). See 1992 Amendment note below.

Subsec. (h)(1). Pub. L. 103-160, Sec. 561(g), substituted

''September 30, 1999'' for ''September 30, 1995''.

1992 - Subsec. (b)(1). Pub. L. 102-484, Sec. 4422(a)(1), inserted

''or full-time National Guard duty'' after ''active duty''.

Subsec. (b)(2)(B). Pub. L. 102-484, Sec. 4405(a), inserted '',

sections 404 and 406 of title 37, and section 503(c) of the

National Defense Authorization Act for Fiscal Year 1991 (104 Stat.

1558; 37 U.S.C. 406 note)'' after ''chapter 58 of this title''.

Subsec. (c)(2). Pub. L. 102-484, Sec. 1052(15), 4422(a)(2),

substituted ''December 5, 1991'' for ''the date of the enactment of

this section'' and inserted ''or full-time National Guard duty or

any combination of active duty and full-time National Guard duty''

after ''active duty''.

Subsec. (c)(3). Pub. L. 102-484, Sec. 4422(a)(3), as amended by

Pub. L. 103-35, Sec. 202(a)(17)(A), inserted ''or full-time

National Guard duty or any combination of active duty and full-time

National Guard duty'' after ''active duty''.

Subsec. (c)(4). Pub. L. 102-484, Sec. 4422(a)(4), as amended by

Pub. L. 103-35, Sec. 202(a)(17)(B), inserted ''and'' after

semicolon at end and ''or full-time National Guard duty or any

combination of active duty and full-time National Guard duty''

after ''active duty'' the first place it appeared.

Subsec. (c)(5), (6). Pub. L. 102-484, Sec. 4424(a)(5),

redesignated par. (6) as (5) and struck out former par. (5) which

read as follows: ''if a Reserve, is on an active duty list; and''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-35 applicable as if included in the

enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35,

set out as a note under section 155 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 4405(c) of Pub. L. 102-484 provided that: ''The

amendments made by subsections (a) and (b) (amending this section

and section 1175 of this title) shall apply as if included in

sections 1174a and 1175 of title 10, United States Code, as enacted

on December 5, 1991, but any benefits or services payable by reason

of the applicability of the provisions of those amendments during

the period beginning on December 5, 1991, and ending on the date of

the enactment of this Act (Oct. 23, 1992) shall be subject to the

availability of appropriations.''

REMEDY FOR INEFFECTIVE COUNSELING OF OFFICERS DISCHARGED FOLLOWING

SELECTION BY EARLY DISCHARGE BOARDS

Pub. L. 103-160, div. A, title V, Sec. 507, Nov. 30, 1993, 107

Stat. 1646, as amended by Pub. L. 103-337, div. A, title X, Sec.

1070(b)(1), Oct. 5, 1994, 108 Stat. 2856, provided that:

''(a) Procedure for Review. - (1) The Secretary of each military

department shall establish a procedure for the review of the

individual circumstances of an officer described in paragraph (2)

who is discharged, or who the Secretary concerned approves for

discharge, following the report of a selection board convened by

the Secretary to select officers for separation. The procedure

established by the Secretary of a military department under this

section shall provide that each review under that procedure be

carried out by the Board for the Correction of Military Records of

that military department.

''(2) This section applies in the case of any officer (including

a warrant officer) who, having been offered the opportunity to be

discharged or otherwise separated from active duty through the

programs provided under section 1174a and 1175 of title 10, United

States Code -

''(A) elected not to accept such discharge or separation; and

''(B) submits an application under subsection (b) during the

two-year period beginning on the later of the date of the

enactment of this Act (Nov. 30, 1993) and the date of such

discharge or separation.

''(b) Application. - A review under this section shall be

conducted in any case submitted to the Secretary concerned by

application from the officer or former officer under regulations

prescribed by the Secretary.

''(c) Purpose of Review. - (1) The review under this section

shall be designed to evaluate the effectiveness of the counseling

of the officer before the convening of the board to ensure that the

officer was properly informed that selection for discharge or other

separation from active duty was a potential result of being within

the group of officers to be considered by the board and that the

officer was not improperly informed that such selection in that

officer's personal case was unlikely.

''(2) The Board for the Correction of Military Records of a

military department shall render a decision in each case under this

section not later than 60 days after receipt by the Secretary

concerned of an application under subsection (b).

''(d) Remedy. - Upon a finding of ineffective counseling under

subsection (c), the Secretary shall provide the officer the

opportunity to participate, at the officer's option, in any one of

the following programs for which the officer meets all eligibility

criteria:

''(1) The Special Separation Benefits program under section

1174a of title 10, United States Code.

''(2) The Voluntary Separation Incentive program under section

1175 of such title.

''(3) Retirement under the authority provided by section 4403

of the National Defense Authorization Act for Fiscal Year 1993

(Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note).

''(e) Effective Date. - This section shall apply with respect to

officers separated after September 30, 1990.''

SEPARATION PAYMENTS; REDUCTIONS AND PROHIBITIONS

Pub. L. 103-335, title VIII, Sec. 8106A, Sept. 30, 1994, 108

Stat. 2645, as amended by Pub. L. 104-6, title I, Sec. 105(a), Apr.

10, 1995, 109 Stat. 79, which provided that members who separated

after Sept. 30, 1994, from active duty or full-time National Guard

duty in a military department pursuant to a Special Separation

Benefits program under section 1174a of this title or a Voluntary

Separation Incentive program under section 1175 of this title would

have their separation payments reduced by the amount of certain

bonus payments and eliminated if they are rehired within 180 days

by the Department of Defense in a civilian position and that

civilian Department of Defense employees would not receive

voluntary separation payments if rehired by a Federal agency within

180 days of separating from the Department of Defense, was from the

Department of Defense Appropriations Act, 1995, and was not

repeated in subsequent appropriation acts. Similar provisions were

contained in the following prior appropriation act:

Pub. L. 103-139, title VIII, Sec. 8127, Nov. 11, 1993, 107 Stat.

1469.

COMMENCEMENT OF PROGRAM

Section 661(b) of Pub. L. 102-190 provided that: ''The Secretary

of each military department shall commence the program required by

section 1174a of title 10, United States Code (as added by

subsection (a)), not later than 60 days after the date of the

enactment of this Act (Dec. 5, 1991).''

REPORT ON PROGRAMS

Section 663 of Pub. L. 102-190 directed Secretary, not later than

180 days after Dec. 5, 1991, to submit to Congress a report

containing the Secretary's assessment of effectiveness of programs

established under sections 1174a and 1175 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1152, 1153, 1175 of this

title; title 29 section 2918; title 33 section 3071; title 38

section 3018B.

-CITE-

10 USC Sec. 1175 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1175. Voluntary separation incentive

-STATUTE-

(a)(1) Consistent with this section and the availability of

appropriations for this purpose, the Secretary of Defense and the

Secretary of Homeland Security may provide a financial incentive to

members of the armed forces described in subsection (b) for

voluntary appointment, enlistment, or transfer to a reserve

component, requested and approved under subsection (c).

(2)(A) Except as provided in subparagraph (B), a financial

incentive provided a member under this section shall be paid for

the period equal to twice the number of years of service of the

member, computed as provided in subsection (e)(5).

(B) If, before the expiration of the period otherwise applicable

under subparagraph (A) to a member receiving a financial incentive

under this section, the member is separated from a reserve

component or is transferred to the Retired Reserve, the period for

payment of a financial incentive to the member under this section

shall terminate on the date of the separation or transfer unless -

(i) the separation or transfer is required by reason of the age

or number of years of service of the member;

(ii) the separation or transfer is required by reason of the

failure of selection for promotion or the medical

disqualification of the member, except in a case in which the

Secretary of Defense or the Secretary of Homeland Security

determines that the basis for the separation or transfer is a

result of a deliberate action taken by the member with the intent

to avoid retention in the Ready Reserve or Standby Reserve; or

(iii) in the case of a separation, the member is separated from

the reserve component for appointment or enlistment in or

transfer to another reserve component of an armed force for

service in the Ready Reserve or Standby Reserve of that armed

force.

(b) The Secretary of Defense and the Secretary of Homeland

Security may provide the incentive to a member of the armed forces

if the member -

(1) has served on active duty or full-time National Guard duty

or any combination of active duty and full-time National Guard

duty for more than 6 but less than 20 years;

(2) has served at least 5 years of continuous active duty or

full-time National Guard duty or any combination of active duty

and full-time National Guard duty immediately preceding the date

of separation;

(3) meets such other requirements as the Secretary may

prescribe from time to time, which may include requirements

relating to -

(A) years of service;

(B) skill or rating;

(C) grade or rank; and

(D) remaining period of obligated service.

(c) A member of the armed forces offered a voluntary separation

incentive under this section shall be offered the opportunity to

request separation under a program established pursuant to section

1174a of this title. If the Secretary concerned approves a request

for separation under either such section, the member shall be

separated under the authority of the section selected by such

member.

(d)(1) A member of the armed forces described in subsection (b)

may request voluntary appointment, enlistment, or transfer to a

reserve component accompanied by this incentive, provided the

member has completed 6 years of active service.

(2) The Secretary, in his discretion, may approve or disapprove a

request according to the needs of the armed forces.

(3) After December 31, 2001, the Secretary may not approve a

request.

(e)(1) The annual payment of the incentive shall equal 2.5

percent of the monthly basic pay the member receives on the date

appointed, enlisted, or transferred to the reserve component,

multiplied by twelve and multiplied again by the member's years of

service.

(2) A member entitled to voluntary separation incentive payments

who is also entitled to basic pay for active or reserve service, or

compensation for inactive duty training, may elect to have a

reduction in the voluntary separation incentive payable for the

same period in an amount not to exceed the amount of the basic pay

or compensation received for that period.

(3)(A) A member who has received the voluntary separation

incentive and who qualifies for retired or retainer pay under this

title shall have deducted from each payment of such retired or

retainer pay so much of such pay as is based on the service for

which he received the voluntary separation incentive until the

total amount deducted equals the total amount of voluntary

separation incentive received. If the member elected to have a

reduction in voluntary separation incentive for any period pursuant

to paragraph (2), the deduction required under the preceding

sentence shall be reduced accordingly.

(B) If a member is receiving simultaneous voluntary separation

incentive payments and retired or retainer pay, the member may

elect to terminate the receipt of voluntary separation incentive

payments. Any such election is permanent and irrevocable. The

rate of monthly recoupment from retired or retainer pay of

voluntary separation incentive payments received after such an

election shall be reduced by a percentage that is equal to a

fraction with a denominator equal to the number of months that the

voluntary separation incentive payments were scheduled to be paid

and a numerator equal to the number of months that would not be

paid as a result of the member's decision to terminate the

voluntary separation incentive.

(4) A member who is receiving voluntary separation incentive

payments shall not be deprived of this incentive by reason of

entitlement to disability compensation under the laws administered

by the Department of Veterans Affairs, but there shall be deducted

from voluntary separation incentive payments an amount equal to the

amount of any such disability compensation concurrently received.

Notwithstanding the preceding sentence, no deduction may be made

from voluntary separation incentive payments for any disability

compensation received because of an earlier period of active duty

if the voluntary separation incentive is received because of

discharge or release from a later period of active duty.

(5) The years of service of a member for purposes of this section

shall be computed in accordance with section 1405 of this title.

(f) The member's right to incentive payments shall not be

transferable, except that the member may designate beneficiaries to

receive the payments in the event of the member's death.

(g) Subject to subsection (h), payments under this provision

shall be paid from appropriations available to the Department of

Defense and the Department of Homeland Security for the Coast

Guard.

(h)(1) There is established on the books of the Treasury a fund

to be known as the ''Voluntary Separation Incentive Fund''

(hereinafter in this subsection referred to as the ''Fund''). The

Fund shall be administered by the Secretary of the Treasury. The

Fund shall be used for the accumulation of funds in order to

finance on an actuarially sound basis the liabilities of the

Department of Defense under this section.

(2) There shall be deposited in the Fund the following, which

shall constitute the assets of the Fund:

(A) Amounts paid into the Fund under paragraphs (5), (6), and

(7).

(B) Any amount appropriated to the Fund.

(C) Any return on investment of the assets of the Fund.

(3) All voluntary separation incentive payments made by the

Secretary of Defense after December 31, 1992, under this section

shall be paid out of the Fund. To the extent provided in

appropriation Acts, the assets of the Fund shall be available to

the Secretary to pay voluntary separation incentives under this

section.

(4) The Department of Defense Retirement Board of Actuaries

(hereinafter in this subsection referred to as the ''Board'') shall

perform the same functions regarding the Fund, as provided in this

subsection, as such Board performs regarding the Department of

Defense Military Retirement Fund.

(5) Not later than January 1, 1993, the Board shall determine the

amount that is the present value, as of that date, of the future

benefits payable under this section in the case of persons who are

separated pursuant to this section before that date. The amount so

determined is the original unfunded liability of the Fund. The

Board shall determine an appropriate amortization period and

schedule for liquidation of the original unfunded liability. The

Secretary shall make deposits to the Fund in accordance with that

amortization schedule.

(6) For persons separated under this section on or after January

1, 1993, the Secretary shall deposit in the Fund during the period

beginning on that date and ending on September 30, 1999 -

(A) such sums as are necessary to pay the current liabilities

under this section during such period; and

(B) the amount equal to the present value, as of September 30,

1999, of the future benefits payable under this section, as

determined by the Board.

(7)(A) For each fiscal year after fiscal year 1999, the Board

shall -

(i) carry out an actuarial valuation of the Fund and determine

any unfunded liability of the Fund which deposits under

paragraphs (5) and (6) do not liquidate, taking into

consideration any cumulative actuarial gain or loss to the Fund;

(ii) determine the period over which that unfunded liability

should be liquidated; and

(iii) determine for the following fiscal year, the total

amount, and the monthly amount, of the Department of Defense

contributions that must be made to the Fund during that fiscal

year in order to fund the unfunded liabilities of the Fund over

the applicable amortization periods.

(B) The Board shall carry out its responsibilities for each

fiscal year in sufficient time for the amounts referred to in

subparagraph (A)(iii) to be included in budget requests for that

fiscal year.

(C) The Secretary of Defense shall pay into the Fund at the end

of each month as the Department of Defense contribution to the Fund

the amount necessary to liquidate unfunded liabilities of the Fund

in accordance with the amortization schedules determined by the

Board.

(8) Amounts paid into the Fund under this subsection shall be

paid from funds available for the pay of members of the armed

forces under the jurisdiction of the Secretary of each military

department.

(9) The investment provisions of section 1467 of this title shall

apply to the Voluntary Separation Incentive Fund.

(i) The Secretary of Defense and the Secretary of Homeland

Security may issue such regulations as may be necessary to carry

out this section.

(j) A member of the armed forces who is provided a voluntary

separation incentive under this section shall be eligible for the

same benefits and services as are provided under chapter 58 of this

title, sections 404 and 406 of title 37, and section 503(c) of the

National Defense Authorization Act for Fiscal Year 1991 (104 Stat.

1558; 37 U.S.C. 406 note) for members of the armed forces who are

involuntarily separated within the meaning of section 1141 of this

title.

-SOURCE-

(Added Pub. L. 102-190, div. A, title VI, Sec. 662(a)(1), Dec. 5,

1991, 105 Stat. 1396; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(16), div. D, title XLIV, Sec. 4405(b), 4406(a), (b),

4422(b), Oct. 23, 1992, 106 Stat. 2499, 2706, 2707, 2719; Pub. L.

103-160, div. A, title V, Sec. 502, 561(h), Nov. 30, 1993, 107

Stat. 1644, 1668; Pub. L. 103-337, div. A, title V, Sec. 542(c),

Oct. 5, 1994, 108 Stat. 2769; Pub. L. 105-261, div. A, title V,

Sec. 561(b), 563(a), (b), Oct. 17, 1998, 112 Stat. 2025, 2028; Pub.

L. 106-398, Sec. 1 ((div. A), title V, Sec. 571(b), 572(a)), Oct.

30, 2000, 114 Stat. 1654, 1654A-134, 1654A-135; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a)(1), (2)(B)(ii), (b), (g), (i). Pub. L.

107-296 substituted ''of Homeland Security'' for ''of

Transportation''.

2000 - Subsec. (d)(3). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 571(b)), substituted ''December 31, 2001'' for ''September

30, 2001''.

Subsec. (e)(3). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

572(a)), designated existing provisions as subpar. (A) and added

subpar. (B).

1998 - Subsec. (a). Pub. L. 105-261, Sec. 563(a), designated

existing provisions as par. (1), struck out '', for the period of

time the member serves in a reserve component'' after ''under

subsection (c)'', and added par. (2).

Subsec. (d)(3). Pub. L. 105-261, Sec. 561(b), substituted

''September 30, 2001'' for ''September 30, 1999''.

Subsec. (e)(1). Pub. L. 105-261, Sec. 563(b), struck out at end

''The annual payment will be made for a period equal to the number

of years that is equal to twice the number of years of service of

the member.''

1994 - Subsecs. (a), (b). Pub. L. 103-337, Sec. 542(c)(1),

inserted ''and the Secretary of Transportation'' after ''Secretary

of Defense''.

Subsec. (c). Pub. L. 103-337, Sec. 542(c)(2), struck out ''of the

military department'' after ''Secretary''.

Subsec. (g). Pub. L. 103-337, Sec. 542(c)(3), inserted ''and the

Department of Transportation for the Coast Guard'' before period at

end.

Subsec. (h)(3). Pub. L. 103-337, Sec. 542(c)(4), inserted ''by

the Secretary of Defense'' after ''incentive payments made'' and

''to the Secretary'' after ''shall be available''.

Subsec. (i). Pub. L. 103-337, Sec. 542(c)(5), inserted ''and the

Secretary of Transportation'' after ''Secretary of Defense''.

1993 - Subsec. (d)(1). Pub. L. 103-160, Sec. 502, struck out

''before December 5, 1991'' after ''active service''.

Subsecs. (d)(3), (h)(6). Pub. L. 103-160, Sec. 561(h)(1),

substituted ''September 30, 1999'' for ''September 30, 1995''

wherever appearing.

Subsec. (h)(7)(A). Pub. L. 103-160, Sec. 561(h)(2), substituted

''fiscal year 1999'' for ''fiscal year 1996''.

1992 - Subsec. (a). Pub. L. 102-484, Sec. 1052(16)(A),

substituted ''reserve component'' for ''Reserve component'' after

''transfer to a''.

Subsec. (b)(1), (2). Pub. L. 102-484, Sec. 4422(b)(1), (2),

inserted ''or full-time National Guard duty or any combination of

active duty and full-time National Guard duty'' after ''active

duty''.

Subsec. (b)(3), (4). Pub. L. 102-484, Sec. 4424(b)(3),

redesignated par. (4) as (3) and struck out former par. (3) which

read as follows: ''if a Reserve, is on the active duty list; and''.

Subsec. (d)(1). Pub. L. 102-484, Sec. 1052(16)(B), substituted

''before December 5, 1991'' for ''prior to the time this provision

is enacted''.

Subsec. (e)(2). Pub. L. 102-484, Sec. 4406(a)(1), substituted

''may elect to have a reduction in the voluntary separation

incentive payable for the same period in an amount not to exceed

the amount of the basic pay or compensation received for that

period.'' for ''shall forfeit an amount of voluntary separation

incentive payable for the same period that is equal to the total

amount of basic pay, or compensation, received.''

Subsec. (e)(3). Pub. L. 102-484, Sec. 4406(a)(2), inserted at end

''If the member elected to have a reduction in voluntary separation

incentive for any period pursuant to paragraph (2), the deduction

required under the preceding sentence shall be reduced

accordingly.''

Subsec. (e)(6). Pub. L. 102-484, Sec. 4406(b), struck out par.

(6) which read as follows: ''Years of service that form the basis

of the payment under paragraph (5) may not be counted in computing

eligibility for, or the amount of, annuities under title 5 or any

other law providing annuities to Federal civilian employees.''

Subsec. (j). Pub. L. 102-484, Sec. 4405(b), added subsec. (j).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 572(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-136, provided that: ''Subparagraph

(B) of section 1175(e)(3) of title 10, United States Code, as added

by subsection (a), shall apply with respect to decisions by members

to terminate voluntary separation incentive payments under section

1175 of title 10, United States Code, to be effective after

September 30, 2000.''

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title V, Sec. 563(c), Oct. 17, 1998,

112 Stat. 2028, provided that: ''The amendments made by this

section (amending this section) apply with respect to any person

provided a voluntary separation incentive under section 1175 of

title 10, United States Code (whether before, on, or after the date

of the enactment of this Act) (Oct. 17, 1998).''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 4405(b) of Pub. L. 102-484 applicable as if

included in this section as enacted Dec. 5, 1991, with any benefits

or services payable by reason of applicability of that amendment

during the period beginning Dec. 5, 1991, and ending Oct. 23, 1992,

to be subject to availability of appropriations, see section

4405(c) of Pub. L. 102-484, set out as a note under section 1174a

of this title.

Section 4406(c) of Pub. L. 102-484 provided that: ''The

amendments to section 1175 of title 10, United States Code, made by

subsections (a) and (b) shall apply as if included in section 1175

of title 10, United States Code, as enacted on December 5, 1991.''

PAYMENT OF INCENTIVES FROM VOLUNTARY SEPARATION INCENTIVE FUND

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8044), Sept. 30, 1996, 110 Stat. 3009-71, 3009-98, provided that:

''During the current fiscal year and hereafter, voluntary

separation incentives payable under 10 U.S.C. 1175 may be paid in

such amounts as are necessary from the assets of the Voluntary

Separation Incentive Fund established by section 1175(h)(1).''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 104-61, title VIII, Sec. 8054, Dec. 1, 1995, 109 Stat.

662.

Pub. L. 103-335, title VIII, Sec. 8062, Sept. 30, 1994, 108 Stat.

2633.

Pub. L. 103-139, title VIII, Sec. 8073, Nov. 11, 1993, 107 Stat.

1457.

Pub. L. 102-396, title IX, Sec. 9106, Oct. 6, 1992, 106 Stat.

1927.

SEPARATION PAYMENTS; REDUCTIONS AND PROHIBITIONS

For provisions reducing, with certain exceptions, amounts

received under this section by amounts received as bonus payments

under chapter 5 of title 37 in case of members who separate from

active duty or full-time National Guard duty in a military

department and prohibiting such members from receiving Voluntary

Separation Incentive program payments if rehired in DOD civilian

position within 180 days of separation, see note set out under

section 1174a of this title.

TAX TREATMENT OF INCENTIVE PAYMENT

Section 662(b) of Pub. L. 102-190 provided that:

''Notwithstanding the Internal Revenue Code of 1986 (26 U.S.C. 1 et

seq.) and any other provision of law, any voluntary separation

incentive paid to a member of the Armed Forces under section 1175

of title 10, United States Code (as added by subsection (a)), shall

be includable in gross income for federal tax purposes only for the

taxable year in which such incentive is paid to the participant or

beneficiary of the member.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1152, 1153, 1174a of this

title; title 29 section 2918; title 38 section 3018B.

-CITE-

10 USC Sec. 1176 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1176. Enlisted members: retention after completion of 18 or

more, but less than 20, years of service

-STATUTE-

(a) Regular Members. - A regular enlisted member who is selected

to be involuntarily separated, or whose term of enlistment expires

and who is denied reenlistment, and who on the date on which the

member is to be discharged is within two years of qualifying for

retirement under section 3914 or 8914 of this title, or of

qualifying for transfer to the Fleet Reserve or Fleet Marine Corps

Reserve under section 6330 of this title, shall be retained on

active duty until the member is qualified for retirement or

transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the

case may be, unless the member is sooner retired or discharged

under any other provision of law.

(b) Reserve Members in Active Status. - A reserve enlisted member

serving in an active status who is selected to be involuntarily

separated (other than for physical disability or for cause), or

whose term of enlistment expires and who is denied reenlistment

(other than for physical disability or for cause), and who on the

date on which the member is to be discharged or transferred from an

active status is entitled to be credited with at least 18 but less

than 20 years of service computed under section 12732 of this

title, may not be discharged, denied reenlistment, or transferred

from an active status without the member's consent before the

earlier of the following:

(1) If as of the date on which the member is to be discharged

or transferred from an active status the member has at least 18,

but less than 19, years of service computed under section 12732

of this title -

(A) the date on which the member is entitled to be credited

with 20 years of service computed under section 12732 of this

title; or

(B) the third anniversary of the date on which the member

would otherwise be discharged or transferred from an active

status.

(2) If as of the date on which the member is to be discharged

or transferred from an active status the member has at least 19,

but less than 20, years of service computed under section 12732

of this title -

(A) the date on which the member is entitled to be credited

with 20 years of service computed under section 12732 of this

title; or

(B) the second anniversary of the date on which the member

would otherwise be discharged or transferred from an active

status.

-SOURCE-

(Added Pub. L. 102-484, div. A, title V, Sec. 541(a), Oct. 23,

1992, 106 Stat. 2412; amended Pub. L. 103-160, div. A, title V,

Sec. 562(a), Nov. 30, 1993, 107 Stat. 1669; Pub. L. 104-106, div.

A, title XV, Sec. 1501(c)(12), Feb. 10, 1996, 110 Stat. 499.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 substituted ''section 12732''

for ''section 1332'' wherever appearing.

1993 - Subsec. (b). Pub. L. 103-160 added subsec. (b) and struck

out heading and text of former subsec. (b) which provided that a

reserve enlisted member serving on active duty who was selected to

be involuntarily separated, or whose term of enlistment expired and

who was denied reenlistment, and who on the date on which the

member was to be discharged or released from active duty was

entitled to be credited with at least 18 but less than 20 years of

service computed under section 1332 of this title, could not be

discharged or released from active duty without the member's

consent before the earlier of certain dates.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 562(b) of Pub. L. 103-160 provided that: ''Subsection (b)

of section 1176 of title 10, United States Code, as added by

subsection (a), shall take effect as of October 23, 1992.''

-CITE-

10 USC Sec. 1177 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

(Sec. 1177. Repealed. Pub. L. 104-134, title II, Sec. 2707(a)(1),

Apr. 26, 1996, 110 Stat. 1321-330)

-MISC1-

Section, added Pub. L. 103-337, div. A, title V, Sec. 560(a)(1),

Oct. 5, 1994, 108 Stat. 2777; amended Pub. L. 104-106, div. A,

title V, Sec. 567(a)(1), title XV, Sec. 1503(a)(12), Feb. 10, 1996,

110 Stat. 328, 511, related to mandatory discharge or retirement of

members infected with HIV-1 virus.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 567(b) of Pub. L. 104-106, provided that this section, as

amended by section 567(a) of Pub. L. 104-106, was applicable to

members of Armed Forces determined to be HIV-positive before, on,

or after Feb. 10, 1996, and that in case of member determined to be

HIV-positive before Feb. 10, 1996, deadline for separation of

member under former subsec. (a) of this section was to be

determined from Feb. 10, 1996, rather than from date of such

determination, prior to repeal by Pub. L. 104-134, title II, Sec.

2707(b), Apr. 26, 1996, 110 Stat. 1321-330.

-CITE-

10 USC Sec. 1178 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 59 - SEPARATION

-HEAD-

Sec. 1178. System and procedures for tracking separations resulting

from refusal to participate in anthrax vaccine immunization

program

-STATUTE-

(a) Requirement To Establish System. - The Secretary of each

military department shall establish a system for tracking,

recording, and reporting separations of members of the armed forces

under the Secretary's jurisdiction that result from procedures

initiated as a result of a refusal to participate in the anthrax

vaccine immunization program.

(b) Report. - The Secretary of Defense shall consolidate the

information recorded under the system described in subsection (a)

and shall submit to the Committees on Armed Services of the Senate

and the House of Representatives not later than April 1 of each

year a report on such information. Each such report shall include

a description of -

(1) the number of members separated, categorized by military

department, grade, and active-duty or reserve status; and

(2) any other information determined appropriate by the

Secretary.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title VII, Sec.

751(a)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-193.)

-MISC1-

COMPTROLLER GENERAL REPORT

Pub. L. 106-398, Sec. 1 ((div. A), title VII, Sec. 751(d)), Oct.

30, 2000, 114 Stat. 1654, 1654A-194, provided that:

''(1) Not later than April 1, 2002, the Comptroller General shall

submit to the Committees on Armed Services of the Senate and the

House of Representatives a report on the effect of the Department

of Defense anthrax vaccine immunization program on the recruitment

and retention of active duty and reserve military personnel and

civilian personnel of the Department of Defense. The study shall

cover the period beginning on the date of the enactment of this Act

(Oct. 30, 2000) and ending on December 31, 2001.

''(2) The Comptroller General shall include in the report

required by paragraph (1) a description of any personnel actions

(including transfer, termination, or reassignment of any personnel)

taken as a result of the refusal of any civilian employee of the

Department of Defense to participate in the anthrax vaccine

immunization program.''

-CITE-