Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1161"
|
||||
description: "Commissioned officers: limitations on dismissal"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1161"
|
||||
citation: "10 U.S.C. § 1161"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1161"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "25f9a8b944260ca86dea459faabb5f03e2c69753898e8ed3cdedebe788546951"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "13b57ffe19258ffe94ac1a95809bc5daf74372eb48ba05db58ab4c0b3c199651"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1161 - Commissioned officers: limitations on dismissal
|
||||
|
||||
## Text
|
||||
|
||||
(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 or the Secretary of Defense, or in the case of a commissioned officer of the Coast Guard, the Secretary of the department in which the Coast Guard is operating when it is not operating in the Navy, may drop from the rolls of any armed force any commissioned officer (1) who has been absent without authority for at least three months, (2) who may be separated under section 1167 of this title by reason of a sentence to confinement adjudged by a court-martial, or (3) who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 89; Pub. L. 104–106, div. A, title V, § 563(b)(1), Feb. 10, 1996, 110 Stat. 325; Pub. L. 104–201, div. A, title X, § 1074(a)(5), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 114–328, div. A, title V, § 507, Dec. 23, 2016, 130 Stat. 2109.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1161(a)50:739 (words before semicolon, less applicability to Navy and Marine Corps warrant officers).May 5, 1950, ch. 169, § 10 (less applicability to Navy and Marine Corps warrant 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”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (b). Pub. L. 114–328 inserted “or the Secretary of Defense, or in the case of a commissioned officer of the Coast Guard, the Secretary of the department in which the Coast Guard is operating when it is not operating in the Navy,” after “President”. 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).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Restoration of Retired Pay to Officers Dropped From Rolls After December 31, 1954 and Before August 25, 1958Pub. 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.”
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1164"
|
||||
description: "Warrant officers: separation for age"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1164"
|
||||
citation: "10 U.S.C. § 1164"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1164"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "36fd53745396c788cf9dad1ff27cc360e180c077de2db9181af254a74c5e9f15"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "59958cfaa0968399f112af19bfc9d8c60e20e1813c0e292c7e92f9f1df33be12"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1164 - Warrant officers: separation for age
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, § 1(5), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, § 511(41), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 97–295, § 1(16), Oct. 12, 1982, 96 Stat. 1290.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1164(a)10:600l(c) (as applicable to men).10:600r(c) (as applicable to 10:600l(c)).34:430(c) (as applicable to men).May 29, 1954, ch. 249, §§ 14(c), (e) (as applicable to (c)), 21(c) (as applicable to § 14(c)), 68 Stat. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1982—Pub. L. 97–295, § 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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment 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 60Act Aug. 10, 1956, ch. 1041, § 46, 70A Stat. 638, 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, § 511, 63 Stat. 829, formerly 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, § 511, 63 Stat. 829, formerly 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.”
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1165"
|
||||
description: "Regular warrant officers: separation during three-year probationary period"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1165"
|
||||
citation: "10 U.S.C. § 1165"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1165"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "c7d8a826816959532f23e40b8b1470590bf36a544c03fbc7678309258097ad07"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "0fd8f3fb3fd865544e83b9c8de2004e5fac23e8d9fac4ee974a136094a0108e5"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1165 - Regular warrant officers: separation during three-year probationary period
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 96–513, title I, § 109(b)(1), Dec. 12, 1980, 94 Stat. 2870.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 116510:600d (less last 36 words of last sentence).34:135d (less last 36 words of last sentence).May 29, 1954, ch. 249, § 6 (less last 36 words of last sentence), 68 Stat. 159. The words “in his discretion” are omitted as surplusage. The last 10 words of the last sentence are inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1980—Pub. L. 96–513 authorized entitlement, if the regular warrant officer is eligible therefor, to separation pay under section 1174.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1166"
|
||||
description: "Regular warrant officers: elimination for unfitness or unsatisfactory performance"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1166"
|
||||
citation: "10 U.S.C. § 1166"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1166"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "59d00b13f3f6f9bda1375753e956e1b6f417404e0bcba8807aaf8073c60c53b5"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "2d31050730051771595aa853d82ac1d85961e88d1241a3e2eb06ce4299a7f50d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1166 - Regular warrant officers: elimination for unfitness or unsatisfactory performance
|
||||
|
||||
## Text
|
||||
|
||||
(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 11 See References in Text note below. 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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 96–513, title I, § 109(b)(2), Dec. 12, 1980, 94 Stat. 2870; Pub. L. 102–190, div. A, title XI, § 1131(5), Dec. 5, 1991, 105 Stat. 1506.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1166(a)10:600m (less last 21 words of 3d sentence).10:600(d) (as applicable to 10:600m).34:430a (less last 21 words of 3d sentence).34:135(d) (as applicable to 34:430a).May 29, 1954, ch. 249, §§ 2(d) (as applicable to § 15), 14(e) (as applicable to § 15), 15 (less last 21 words of 3d sentence), 68 Stat. 157, 163, 164. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 511 of the Career Compensation Act of 1949, referred to in subsec. (a), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under section 580 of this title. Section 286a of title 14, referred to in subsec. (a), was redesignated section 2147 of title 14 by Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216, and references to section 286a of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
|
||||
|
||||
Amendments1991—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.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1991 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1167"
|
||||
description: "Members under confinement by sentence of court-martial: separation after six months confinement"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1167"
|
||||
citation: "10 U.S.C. § 1167"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1167"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "d4241ceb4c624a43f1c367b87d591a4058112163ca47c1050667f49cb9c1ba22"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "e1c15bbe7b4d5642469db949a91510189231570491dbc569e8e548247bda2149"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1167 - Members under confinement by sentence of court-martial: separation after six months confinement
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 104–106, div. A, title V, § 563(a)(1)(A), Feb. 10, 1996, 110 Stat. 325; amended Pub. L. 104–201, div. A, title X, § 1074(a)(6), Sept. 23, 1996, 110 Stat. 2659.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1167, acts Aug. 10, 1956, ch. 1041, 70A Stat. 91; June 28, 1962, Pub. L. 87–509, § 4(a), 76 Stat. 121; Sept. 7, 1962, Pub. L. 87–649, § 6(f)(3), 76 Stat. 494, related to severance pay of regular warrant officers, prior to repeal by Pub. L. 96–513, title I, § 109(b)(3), title VII, § 701, Dec. 12, 1980, 94 Stat. 2870, 2955, effective Sept. 15, 1981.
|
||||
|
||||
Amendments1996—Pub. L. 104–201 substituted “member has served” for “person has served”.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1168"
|
||||
description: "Discharge or release from active duty: limitations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1168"
|
||||
citation: "10 U.S.C. § 1168"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1168"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "44de7029484d2484276a5463c239544bbf92e1af25dd5c2b155a621b63feb057"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "2d0c7e3a8373e26c317771247458d629217c4ee45b9e1ece7d702ee53d460284"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1168 - Discharge or release from active duty: limitations
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Added Pub. L. 87–651, title I, § 106(b), Sept. 7, 1962, 76 Stat. 508; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(4), Nov. 29, 1989, 103 Stat. 1603.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision NotesThe 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1989—Subsec. (b). Pub. L. 101–189 substituted “facility of the Department of Veterans Affairs” for “Veterans’ Administration facility”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Machine Readability and Electronic Transferability of Certificate of Release or Discharge From Active Duty (DD Form 214)Pub. L. 116–92, div. A, title V, § 569, Dec. 20, 2019, 133 Stat. 1397, provided that: “(a) Modification Required.—The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to—“(1) be machine readable and electronically transferable; and “(2) include a specific block explicitly identified as the location in which a member of the Armed Forces may provide one or more email addresses by which the member may be contacted after discharge or release from active duty. “(b) Deadline for Modification.—The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified pursuant to subsection (a), not later than four years after the date of the enactment of this Act [Dec. 20, 2019]. “(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the following:“(1) What systems of the Department of Defense require an individual to manually enter information from DD Form 214. “(2) What activities of the Department of Defense require a veteran or former member of the Armed Forces to provide a physical copy of DD Form 214. “(3) The order of priority for modernizing items identified under paragraphs (1) and (2) as determined by the Secretary. “(4) The estimated cost, as determined by the Secretary, to automate items identified under paragraphs (1) and (2).”
|
||||
|
||||
Modification of Certificate of Release or Discharge From Active Duty (DD Form 214)Pub. L. 110–181, div. A, title V, § 596, Jan. 28, 2008, 122 Stat. 139, provided that: “The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) in order to permit a member of the Armed Forces, upon discharge or release from active duty in the Armed Forces, to elect that the DD–214 issued with regard to the member be forwarded to the following: “(1) The Central Office of the Department of Veterans Affairs in the District of Columbia. “(2) The appropriate office of the Department of Veterans Affairs for the State or other locality in which the member will first reside after such discharge or release.”
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1169"
|
||||
description: "Regular enlisted members: limitations on discharge"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1169"
|
||||
citation: "10 U.S.C. § 1169"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1169"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "4a865fbe1fa9e3e34c09a1f26fb5dacab1823672e3bd1f68005d0fc65ee51bbe"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "d42c49759fb61a8e08e17368b137e3b20e434e94569e466d68c80cb36c2b39ac"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1169 - Regular enlisted members: limitations on discharge
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.)
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1170"
|
||||
description: "Regular enlisted members: minority discharge"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1170"
|
||||
citation: "10 U.S.C. § 1170"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1170"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "a49bfa5b8d881ed02e5c1bfe48e3e5013758441a4db849a0f6b02b8760a2e182"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "2ced6a875f341f6470e686c833f26b4f8cf0aeddbea080ee95665787247ba104"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1170 - Regular enlisted members: minority discharge
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.)
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1171"
|
||||
description: "Regular enlisted members: early discharge"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1171"
|
||||
citation: "10 U.S.C. § 1171"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1171"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "ecbfa4e4d03c2a696da295b75f9aa82b861ee690e15424dd76ab0c92102e4cf3"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "ec745a9731062a8af9e7c2508e320bfa2eb717b7bff9f5c9a004024dc8ebde9c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1171 - Regular enlisted members: early discharge
|
||||
|
||||
## Text
|
||||
|
||||
Under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within one year 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.
|
||||
|
||||
(Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757; amended Pub. L. 112–81, div. A, title V, § 525, Dec. 31, 2011, 125 Stat. 1401.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Pub. L. 112–81 substituted “within one year” for “within three months”.
|
||||
|
||||
Executive Documents
|
||||
|
||||
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.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1172"
|
||||
description: "Enlisted members: during war or emergency; discharge"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1172"
|
||||
citation: "10 U.S.C. § 1172"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1172"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "59016ad35c8798ec9a49c08fb1f97195995b6c5deddfec5da110a4a4c5526f5d"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "efc646eba5cdc0759d5b5df17ddbdf0262f523d84fc1cc06368c14c0826a484d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1172 - Enlisted members: during war or emergency; discharge
|
||||
|
||||
## Text
|
||||
|
||||
A person enlisted under section 518 of this title may be discharged at any time by the President, or otherwise according to law.
|
||||
|
||||
(Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.)
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1173"
|
||||
description: "Enlisted members: discharge for hardship"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1173"
|
||||
citation: "10 U.S.C. § 1173"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1173"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "8ab5f60658299802f3004bfde64b4ac52c585076fa2ce7c2847ba57832072e30"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "b74959a74c7cfd09a9fbd68c085769629b9e735cb57374b6269ec0a44f703586"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1173 - Enlisted members: discharge for hardship
|
||||
|
||||
## Text
|
||||
|
||||
Under regulations prescribed by the Secretary concerned, a regular enlisted member of an armed force who has dependents may be discharged for hardship.
|
||||
|
||||
(Added Pub. L. 93–64, title I, § 102, July 9, 1973, 87 Stat. 147.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,123 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1174a"
|
||||
description: "Special separation benefits programs"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1174a"
|
||||
citation: "10 U.S.C. § 1174a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1174a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "ad8a19e90f233cc096274e1e82b2617900981e12993986f3538cfe28266931af"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "fa77cb340ea991c8338eadef7e433de5e6633f5703b8afe6810bda07f05e0f31"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1174a - Special separation benefits programs
|
||||
|
||||
## Text
|
||||
|
||||
(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 452 and 453(c) of title 37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; 37 U.S.C. 476 11 See References in Text note below. 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.
|
||||
|
||||
(Added Pub. L. 102–190, div. A, title VI, § 661(a)(1), Dec. 5, 1991, 105 Stat. 1394; amended Pub. L. 102–484, div. A, title X, § 1052(15), div. D, title XLIV, §§ 4405(a), 4422(a), Oct. 23, 1992, 106 Stat. 2499, 2706, 2718; Pub. L. 103–35, title II, § 202(a)(17), May 31, 1993, 107 Stat. 102; Pub. L. 103–160, div. A, title V, §§ 502, 561(g), Nov. 30, 1993, 107 Stat. 1644, 1668; Pub. L. 103–337, div. A, title V, § 542(b), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(b), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, § 1 [[div. A], title V, § 571(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(c)(2), Dec. 23, 2022, 136 Stat. 2628.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 503(c) of the National Defense Authorization Act for Fiscal Year 1991, referred to in subsec. (b)(2)(B), is section 503(c) of Pub. L. 101–510, div. A, title V, Nov. 5, 1990, 104 Stat. 1558, which was formerly set out as a note under section 476 of Title 37, Pay and Allowances of the Uniformed Services, prior to transfer and is now set out as a note under section 453 of Title 37.
|
||||
|
||||
Amendments2022—Subsec. (b)(2)(B). Pub. L. 117–263 substituted “sections 452 and 453(c)” for “sections 474 and 476”. 2013—Subsec. (b)(2)(B). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b)(2)(B). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404” and substituted “476” for “406” in two places. 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, § 542(b)(1), substituted “concerned” for “of each military department”. Subsec. (d). Pub. L. 103–337, § 542(b)(2), substituted “concerned” for “of a military department”. Subsec. (e)(3). Pub. L. 103–337, § 542(b)(3), struck out “of the military department” after “Secretary”. Subsec. (h). Pub. L. 103–337, § 542(b)(4), substituted “concerned” for “of a military department”. 1993—Subsec. (c)(2). Pub. L. 103–160, § 502, struck out “before December 5, 1991” after “6 years”. Subsec. (c)(3). Pub. L. 103–35, § 202(a)(17)(A), made technical amendment to directory language of Pub. L. 102–484, § 4422(a)(3). See 1992 Amendment note below. Subsec. (c)(4). Pub. L. 103–35, § 202(a)(17)(B), made technical amendment to directory language of Pub. L. 102–484, § 4422(a)(4). See 1992 Amendment note below. Subsec. (h)(1). Pub. L. 103–160, § 561(g), substituted “September 30, 1999” for “September 30, 1995”. 1992—Subsec. (b)(1). Pub. L. 102–484, § 4422(a)(1), inserted “or full-time National Guard duty” after “active duty”. Subsec. (b)(2)(B). Pub. L. 102–484, § 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, §§ 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, § 4422(a)(3), as amended by Pub. L. 103–35, § 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, § 4422(a)(4), as amended by Pub. L. 103–35, § 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, § 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”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2013 AmendmentPub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentPub. L. 102–484, div. A, title XLIV, § 4405(c), Oct. 23, 1992, 106 Stat. 2706, 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 BoardsPub. L. 103–160, div. A, title V, § 507, Nov. 30, 1993, 107 Stat. 1646, as amended by Pub. L. 103–337, div. A, title X, § 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 ProhibitionsPub. L. 103–335, title VIII, § 8106A, Sept. 30, 1994, 108 Stat. 2645, as amended by Pub. L. 104–6, title I, § 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, § 8127, Nov. 11, 1993, 107 Stat. 1469.
|
||||
|
||||
Commencement of ProgramPub. L. 102–190, div. A, title VI, § 661(b), Dec. 5, 1991, 105 Stat. 1395, 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 ProgramsPub. L. 102–190, div. A, title VI, § 663, Dec. 5, 1991, 105 Stat. 1399, 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.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,139 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1175a"
|
||||
description: "Voluntary separation pay and benefits"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1175a"
|
||||
citation: "10 U.S.C. § 1175a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1175a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "30ca3e11c31f0b9fa3f1248f495e4dea08aaed959f5cdaca757031f2673cdcc9"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "04c75bd4a4f89aaa6dcd765b958ad5cfc445911bde6f44f14908dd75fc233a58"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1175a - Voluntary separation pay and benefits
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible members of the armed forces who are voluntarily separated from active duty in the armed forces.
|
||||
|
||||
(b) Eligible Members.— (1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member—
|
||||
|
||||
(A) has served on active duty for more than 6 years but not more than 20 years;
|
||||
|
||||
(B) has served at least 5 years of continuous active duty immediately preceding the date of the member’s separation from active duty;
|
||||
|
||||
(C) has not been approved for payment of a voluntary separation incentive under section 1175 of this title;
|
||||
|
||||
(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to—
|
||||
|
||||
(i) years of service, skill, rating, military specialty, or competitive category;
|
||||
|
||||
(ii) grade or rank;
|
||||
|
||||
(iii) remaining period of obligated service; or
|
||||
|
||||
(iv) any combination of these factors; and
|
||||
|
||||
(E) requests separation from active duty.
|
||||
|
||||
(2) The following members are not eligible for voluntary separation pay and benefits under this section:
|
||||
|
||||
(A) Members discharged with disability severance pay under section 1212 of this title.
|
||||
|
||||
(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title.
|
||||
|
||||
(C) Members being evaluated for disability retirement under chapter 61 of this title.
|
||||
|
||||
(D) Members who have been previously discharged with voluntary separation pay.
|
||||
|
||||
(E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations.
|
||||
|
||||
(3) The Secretary concerned shall determine each year the number of members to be separated, and provided separation pay and benefits, under this section during the fiscal year beginning in such year.
|
||||
|
||||
(c) Separation.— Each eligible member of the armed forces whose request for separation from active duty under subsection (b)(1)(E) is approved shall be separated from active duty.
|
||||
|
||||
(d) Additional Service in Ready Reserve.— Of the number of members of the armed forces to be separated from active duty in a fiscal year, as determined under subsection (b)(3), the Secretary concerned shall determine a number of such members, in such skill and grade combinations as the Secretary concerned shall designate, who shall serve in the Ready Reserve, after separation from active duty, for a period of not less than three years, as a condition of the receipt of voluntary separation pay and benefits under this section.
|
||||
|
||||
(e) Separation Pay and Benefits.— (1) A member of the armed forces who is separated from active duty under subsection (c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned pursuant to subsection (f).
|
||||
|
||||
(2) A member who is not entitled to retired or retainer pay upon separation shall be entitled to the benefits and services provided under—
|
||||
|
||||
(A) chapter 58 of this title during the 180-day period beginning on the date the member is separated (notwithstanding any termination date for such benefits and services otherwise applicable under the provisions of such chapter); and
|
||||
|
||||
(B) sections 452 and 453(c) of title 37.
|
||||
|
||||
(f) Computation of Voluntary Separation Pay.— The Secretary concerned shall specify the amount of voluntary separation pay that an individual or defined group of members of the armed forces may be paid under subsection (e)(1). No member may receive as voluntary separation pay an amount greater than four times the full amount of separation pay for a member of the same pay grade and years of service who is involuntarily separated under section 1174 of this title.
|
||||
|
||||
(g) Payment of Voluntary Separation Pay.— (1) Voluntary separation pay under this section may be paid in a single lump sum.
|
||||
|
||||
(2) In the case of a member of the armed forces who, at the time of separation under subsection (c), has completed at least 15 years, but less than 20 years, of active service, voluntary separation pay may be paid, at the election of the Secretary concerned, in—
|
||||
|
||||
(A) a single lump sum;
|
||||
|
||||
(B) installments over a period not to exceed 10 years; or
|
||||
|
||||
(C) a combination of lump sum and such installments.
|
||||
|
||||
(h) Coordination With Retired or Retainer Pay and Disability Compensation.— (1) A member who is paid voluntary separation pay under this section 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 an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such retired or retainer pay is equal to the total amount of voluntary separation pay so paid.
|
||||
|
||||
(2) (A) Except as provided in subparagraphs (B) and (C), a member who is paid voluntary separation pay under this section shall not be deprived, by reason of the member’s receipt of such pay, of any disability compensation to which the member is entitled under the laws administered by the Secretary of Veterans Affairs, but there shall be deducted from such disability compensation an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such disability compensation is equal to the total amount of voluntary separation pay so paid, 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).
|
||||
|
||||
(B) No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under section 1413, or to an eligible combat-related disabled uniformed services retiree under section 1413a of this title, who is paid voluntary separation pay under this section.
|
||||
|
||||
(C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation pay received by the member 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.
|
||||
|
||||
(3) The requirement under this subsection to repay voluntary separation pay following retirement from the armed forces does not apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation pay and benefits under this section.
|
||||
|
||||
(4) The Secretary concerned may waive the requirement to repay voluntary separation pay under paragraphs (1) and (2) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
|
||||
|
||||
(i) Retirement Defined.— In this section, the term “retirement” includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve.
|
||||
|
||||
(j) Repayment for Members Who Return to Active Duty.— (1) Except as provided in paragraphs (2), (3), and (4), a member of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary separation pay received.
|
||||
|
||||
(2) Members who are involuntarily recalled to active duty or full-time National Guard duty in accordance with section 12301(a), 12301(b), 12301(g), 12302, 12303, 12304, 12304a, or 12304b of this title or section 502(f)(1)(A) of title 32 shall not be subject to this subsection.
|
||||
|
||||
(3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of this title, or section 114, 115, or 502(f)(1)(B) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection.
|
||||
|
||||
(4) This subsection shall not apply to a member who—
|
||||
|
||||
(A) is involuntarily recalled to active duty or full-time National Guard duty; and
|
||||
|
||||
(B) in the course of such duty, incurs a service-connected disability rated as total under section 1155 of title 38.
|
||||
|
||||
(5) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. The authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness.
|
||||
|
||||
(k) Termination of Authority.— (1) The authority to separate a member of the armed forces from active duty under subsection (c) shall terminate on December 31, 2030.
|
||||
|
||||
(2) A member who separates by the date specified in paragraph (1) may continue to be provided voluntary separation pay and benefits under this section until the member has received the entire amount of pay and benefits to which the member is entitled under this section.
|
||||
|
||||
(Added Pub. L. 109–163, div. A, title VI, § 643(a)(1), Jan. 6, 2006, 119 Stat. 3306; amended Pub. L. 109–364, div. A, title VI, § 623(a)(1), (2), Oct. 17, 2006, 120 Stat. 2256; Pub. L. 111–84, div. A, title X, § 1073(a)(14), Oct. 28, 2009, 123 Stat. 2473; Pub. L. 111–383, div. A, title X, § 1075(b)(18), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 112–81, div. A, title V, § 526, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1401, 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 114–328, div. A, title V, §§ 508(c), 526, Dec. 23, 2016, 130 Stat. 2109, 2117; Pub. L. 116–92, div. A, title VI, § 603, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 117–263, div. A, title VI, § 626(c)(4), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 119–60, div. A, title VI, § 612, Dec. 18, 2025, 139 Stat. 907.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextChapter 24 of the Internal Revenue Code of 1986, referred to in subsec. (h)(2)(A), is classified generally to chapter 24 (§ 3401 et seq.) of Title 26, Internal Revenue Code.
|
||||
|
||||
Amendments2025—Subsec. (k)(1). Pub. L. 119–60 substituted “December 31, 2030” for “December 31, 2025”. 2022—Subsec. (e)(2)(B). Pub. L. 117–263 substituted “sections 452 and 453(c)” for “sections 474 and 476”. 2019—Subsec. (j)(1). Pub. L. 116–92, § 603(1), substituted “paragraphs (2), (3), and (4)” for “paragraphs (2) and (3)”. Subsec. (j)(4), (5). Pub. L. 116–92, § 603(2), (3), added par. (4) and redesignated former par. (4) as (5). 2016—Subsec. (j)(2). Pub. L. 114–328, § 526(1), substituted “12304, 12304a, or 12304b” for “or 12304” and “502(f)(1)(A)” for “502(f)(1)”. Subsec. (j)(3). Pub. L. 114–328, § 526(2), substituted “502(f)(1)(B)” for “502(f)(2)”. Subsec. (k)(1). Pub. L. 114–328, § 508(c), substituted “December 31, 2025” for “December 31, 2018”. 2013—Subsec. (e)(2)(B). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (e)(2)(B). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404” and “476” for “406”. Subsec. (j)(3). Pub. L. 111–383 substituted “this title” for “title 10”. Subsec. (k)(1). Pub. L. 112–81, § 526, substituted “December 31, 2018” for “December 31, 2012”. 2009—Subsec. (h)(1). Pub. L. 111–84 substituted “qualifies” for “qualities”. 2006—Subsec. (f). Pub. L. 109–364, § 623(a)(1), substituted “four” for “two”. Subsec. (k)(1). Pub. L. 109–364, § 623(a)(2), substituted “2012” for “2008”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2013 AmendmentPub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
|
||||
|
||||
Limitation on ApplicabilityPub. L. 109–163, div. A, title VI, § 643(b), Jan. 6, 2006, 119 Stat. 3310, which provided that, during the period beginning on Jan. 6, 2006, and ending on Dec. 31, 2008, members eligible for separation and for voluntary separation pay and benefits under this section would be limited to officers who had met the eligibility requirements of this section, but had not completed more than 12 years of active service as of the date of separation, was repealed by Pub. L. 109–364, div. A, title VI, § 623(a)(3), Oct. 17, 2006, 120 Stat. 2256.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1176"
|
||||
description: "Enlisted members: retention after completion of 18 or more, but less than 20, years of service"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1176"
|
||||
citation: "10 U.S.C. § 1176"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1176"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "953cd299347279a6956da559ac697e737491c3b71da8bffe7cc49f6f93e2f3fc"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "69b9f9f32a260efcd91a273a37d05c0e98dd4ad5c4563c68d5243321446626a9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1176 - Enlisted members: retention after completion of 18 or more, but less than 20, years of service
|
||||
|
||||
## Text
|
||||
|
||||
(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 7314 or 9314 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 8330 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.
|
||||
|
||||
(Added Pub. L. 102–484, div. A, title V, § 541(a), Oct. 23, 1992, 106 Stat. 2412; amended Pub. L. 103–160, div. A, title V, § 562(a), Nov. 30, 1993, 107 Stat. 1669; Pub. L. 104–106, div. A, title XV, § 1501(c)(12), Feb. 10, 1996, 110 Stat. 499; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Subsec. (a). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914” and “section 8330” for “section 6330”. 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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, 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 AmendmentPub. L. 103–160, div. A, title V, § 562(b), Nov. 30, 1993, 107 Stat. 1669, 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.”
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1177"
|
||||
description: "Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1177"
|
||||
citation: "10 U.S.C. § 1177"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1177"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "6d7ca353d066ed1a567d18407415f56665036a9b23c30dcca148868770b94309"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "d5eae19f33eb3b60cd65671c6b48efaf6aef54b9c8c841b43e9b5fb20078d6eb"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1177 - Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Medical Examination Required.— (1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation, or sexually assaulted, during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.
|
||||
|
||||
(2) A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned.
|
||||
|
||||
(3) In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate.
|
||||
|
||||
(b) Purpose of Medical Examination.— The medical examination required by subsection (a) shall assess whether the effects of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.
|
||||
|
||||
(c) Inapplicability to Proceedings Under Uniform Code of Military Justice.— The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.
|
||||
|
||||
(Added Pub. L. 111–84, div. A, title V, § 512(a)(1), Oct. 28, 2009, 123 Stat. 2280; amended Pub. L. 112–239, div. A, title V, § 518, Jan. 2, 2013, 126 Stat. 1720; Pub. L. 113–66, div. A, title V, § 522, Dec. 26, 2013, 127 Stat. 755; Pub. L. 114–328, div. A, title V, § 524, Dec. 23, 2016, 130 Stat. 2116.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Uniform Code of Military Justice, referred to in subsec. (c), is classified to chapter 47 (§ 801 et seq.) of this title.
|
||||
|
||||
Prior ProvisionsA prior section 1177, added Pub. L. 103–337, div. A, title V, § 560(a)(1), Oct. 5, 1994, 108 Stat. 2777; amended Pub. L. 104–106, div. A, title V, § 567(a)(1), title XV, § 1503(a)(12), Feb. 10, 1996, 110 Stat. 328, 511, related to mandatory discharge or retirement of members infected with HIV–1 virus, prior to repeal by Pub. L. 104–134, title II, § 2707(a)(1), Apr. 26, 1996, 110 Stat. 1321–330.
|
||||
|
||||
Amendments2016—Subsec. (a)(1). Pub. L. 114–328 inserted “, or sexually assaulted,” after “deployed overseas in support of a contingency operation” and “or based on such sexual assault,” after “while deployed,”. 2013—Subsec. (a)(1). Pub. L. 112–239, § 518(1), substituted “psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse” for “or psychiatrist”. Subsec. (a)(2). Pub. L. 113–66 inserted “, including an administrative separation in lieu of court-martial,” after “honorable”. Subsec. (a)(3). Pub. L. 112–239, § 518(2), substituted “, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse” for “or psychiatrist”.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1178"
|
||||
description: "System and procedures for tracking separations resulting from refusal to participate in anthrax vaccine immunization program"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "59"
|
||||
chapter_name: "SEPARATION"
|
||||
section: "1178"
|
||||
citation: "10 U.S.C. § 1178"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1178"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "dc263b76a51fda3178e3b86a0623ae989cb915b3fabc868f774c20144a8c05f2"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "4202133c758c667f3113c9ccbbc4723b4fdebfb8910044433046cc2cb89fa019"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1178 - System and procedures for tracking separations resulting from refusal to participate in anthrax vaccine immunization program
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 751(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–193; amended Pub. L. 111–383, div. A, title VII, § 721, Jan. 7, 2011, 124 Stat. 4251.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Pub. L. 111–383 struck out subsec. (a) designation and heading before “The Secretary” and struck out subsec. (b). Text of subsec. (b) read as follows: “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.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Comptroller General ReportPub. L. 106–398, § 1 [[div. A], title VII, § 751(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–194, directed the Comptroller General, not later than Apr. 1, 2002, to submit to committees of Congress 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.
|
||||
Reference in New Issue
Block a user