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10 U.S.C. § 1141 — Involuntary separation defined
Federal law — U.S. Code and appendices · legal_authorities
A member of the armed forces shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990, or after November 29, 1993, or, with respect to a member of the Coast Guard, if the member was on active duty in the Coast Guard after September 30, 1994, and—
(1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned;
(2) in the case of a reserve officer who is on the active-duty list or, if not on the active-duty list, is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard (other than a release from active duty or full-time National Guard duty incident to a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned;
(3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned;
(4) in the case of a reserve enlisted member who is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other t
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Stable record: federal_law:legal_authorities:record_usc_8a54a6f30d4c1515f474b619
Source file: Laws/federal/codes/united-states-code/title-10/section-1141-involuntary-separation-defined--b984972d90.md
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Source location: Title 10, Chapter 58, § 1141; chapter-058-benefits-and-services-for-members-being-separated-or-recently-separated.md
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A member of the armed forces shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990, or after November 29, 1993, or, with respect to a member of the Coast Guard, if the member was on active duty in the Coast Guard after September 30, 1994, and—
(1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned;
(2) in the case of a reserve officer who is on the active-duty list or, if not on the active-duty list, is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard (other than a release from active duty or full-time National Guard duty incident to a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned;
(3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned;
(4) in the case of a reserve enlisted member who is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other than adverse conditions, as characterized by the Secretary concerned;
(5) in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and
(6) in the case of an enlisted member of the Space Force, the member is—
(A) denied reenlistment; or
(B) involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1293
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employment Skills Verification.—**
(1) The Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy shall provide to members of the armed forces who are discharged or released from active duty a certification or verification of any job skills and experience acquired while on active duty that may have application to employment in the civilian sector. The preceding sentence shall be carried out in conjunction with the Secretary of Labor.
(2) In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by paragraph (1), the Secretary of Defense shall—
(A) establish a database to record all training performed by members of the Army, Navy, Air Force, Marine Corps, and Space Force that may have application to employment in the civilian sector; and
(B) make unclassified information regarding such information available to States and other potential employers referred to in subsection (c) so that State and other entities may allow military training to satisfy licensing or certification requirements to engage in a civilian profession.
(3) The Secretary of Defense shall ensure that a certification or verification of job skills and experience required by paragraph (1) is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification.
**(b) Employment Assistance Centers.—** The Secretary of Defense shall establish permanent employment assistance centers at appropriate military installations. The Secretary of Homeland Security shall establish permanent employment assistance centers at appropriate Coast Guard installations.
**(c) Information to
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1143
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transitional Health Care.—**
(1) For the time period described in paragraph (4), a member of the armed forces who is separated from active service as described in paragraph (2) (and the dependents of the member) shall be entitled to receive—
(A) except as provided in paragraph (3), medical and dental care under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim) in the same manner as a dependent described in subsection (a)(2) of such section; and
(B) health benefits contracted under the authority of [section 1079(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/a&num=0&edition=prelim) and subject to the same rates and conditions as apply to persons covered under that section.
(2) This subsection applies to the following members of the armed forces:
(A) A member who is involuntarily separated from active duty.
(B) A member of a reserve component who is separated from active duty to which called or ordered under [section 12304b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) if the active duty is active duty for a period of more than 30 days.
(C) A member who is separated from active duty for which the member is involuntarily retained under [section 12305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12305&num=0&edition=prelim) in support of a contingency operation.
(D) A member who is separated from active duty served purs
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1145
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Members Involuntarily Separated From Active Duty.—** The Secretary of Defense shall prescribe regulations to allow a member of the armed forces who is involuntarily separated from active duty during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period.
**(b) Members Involuntarily Separated From Selected Reserve.—** The Secretary of Defense shall prescribe regulations to allow a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve as a result of the exercise of the force shaping authority of the Secretary concerned under [section 647 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section647&num=0&edition=prelim) or other force shaping authority during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period when the Coast Guard is not operating as a service in the Navy.
**(c) Members Receiving Sole Survivorship Discharge.—** A member of the armed forces who receives a sole survivorship discharge (as defined in [section 1174(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1146
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transition for Involuntarily Separated Members.—**
(1) The Secretary of a military department may, pursuant to regulations prescribed by the Secretary of Defense, permit individuals who are involuntarily separated during the period beginning on October 1, 2012, and ending on December 31, 2018, to continue for not more than 180 days after the date of such separation to reside (along with other members of the individual’s household) in military family housing provided or leased by the Department of Defense to such individual as a member of the armed forces.
(2) The Secretary concerned may prescribe regulations to permit members of the Coast Guard who are involuntarily separated during the period beginning on October 1, 2012, and ending on December 31, 2018, to continue for not more than 180 days after the date of such separation to reside (along with others of the member’s household) in military family housing provided or leased by the Coast Guard to the individual as a member of the armed forces.
**(b) Rental Charges.—** The Secretary concerned, pursuant to such regulations, shall require a reasonable rental charge for the continued use of military family housing under subsection (a), except that such Secretary may waive all or any portion of such charge in any case of hardship.
**(c) No Transitional Basic Allowance for Housing.—** Nothing in this section shall be construed to authorize the Secretary concerned to continue to provide for any period of time to an individual who is involuntarily separated all or any portion of a basic allowance for housing to which the individual was entitled under [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim) immediately before being involuntarily s
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1147
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense and the Secretary of Homeland Security shall develop a program specifically to assist members of the armed forces stationed overseas who are preparing for discharge or release from active duty, and the dependents of such members, in readjusting to civilian life. The program shall focus on the special needs and requirements of such members and dependents due to their overseas locations and shall include, to the maximum extent possible, computerized job relocation assistance and job search information.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1148
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Federal law — U.S. Code and appendices · legal_authorities
Under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary concerned shall grant a member of the armed forces who is to be involuntarily separated such excess leave (for a period not in excess of 30 days), or such permissive temporary duty (for a period not in excess of 10 days), as the member requires in order to facilitate the member’s carrying out necessary relocation activities (such as job search and residence search activities), unless to do so would interfere with military missions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1149
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preference for Certain Persons.—** A person who is separated from the armed forces during the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.
**(b) Limited Waiver of Strength Limitations.—** Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.
**(c) Coast Guard.—** This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not operating as a service in the Navy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1150
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section476&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1141&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim);
(2) has served on active duty or ful
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174a
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