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10 U.S.C. § 1142 — Preseparation counseling; transmittal of certain records to Department of Veterans Affairs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—**
(1) Within the time periods specified in paragraph (3), the Secretary concerned shall (except as provided in paragraph (4)) provide for individual preseparation counseling of each member of the armed forces whose discharge (regardless of character of discharge) or release from active duty is anticipated as of a specific date. A notation of the provision of such counseling with respect to each matter specified in subsection (b), signed by the member, shall be placed in the service record of each member receiving such counseling.
(2)
(A) In carrying out this section, the Secretary concerned shall use the services available under [section 1144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1144&num=0&edition=prelim).
(B) Preseparation counseling may be provided in person to the extent practicable. If the Secretary concerned determines that it is infeasible for a member to attend such counseling in person, such member may receive such counseling remotely, with online access to modules and reading materials.
(3)
(A) In the case of an anticipated retirement, preseparation counseling shall commence as soon as possible during the 24-month period preceding the anticipated retirement date. In the case of a separation other than a retirement, preseparation counseling shall commence not later than 365 days before the anticipated date. Except as provided in subparagraph (B), in no event shall preseparation counseling commence later than 365 days before the date of retirement or other separation.
(B) In the event that a retirement or other separation is unanticipated until there are 365 or fewer days before the anticipated retirement or separation date, or in the event a member of a reserve component is
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Source file: Laws/federal/codes/united-states-code/title-10/section-1142-preseparation-counseling-transmittal-of-certain-records-to-department-of--3d3a3aafb7.md
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Source location: Title 10, Chapter 58, § 1142; chapter-058-benefits-and-services-for-members-being-separated-or-recently-separated.md
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**(a) Requirement.—**
(1) Within the time periods specified in paragraph (3), the Secretary concerned shall (except as provided in paragraph (4)) provide for individual preseparation counseling of each member of the armed forces whose discharge (regardless of character of discharge) or release from active duty is anticipated as of a specific date. A notation of the provision of such counseling with respect to each matter specified in subsection (b), signed by the member, shall be placed in the service record of each member receiving such counseling.
(2)
(A) In carrying out this section, the Secretary concerned shall use the services available under [section 1144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1144&num=0&edition=prelim).
(B) Preseparation counseling may be provided in person to the extent practicable. If the Secretary concerned determines that it is infeasible for a member to attend such counseling in person, such member may receive such counseling remotely, with online access to modules and reading materials.
(3)
(A) In the case of an anticipated retirement, preseparation counseling shall commence as soon as possible during the 24-month period preceding the anticipated retirement date. In the case of a separation other than a retirement, preseparation counseling shall commence not later than 365 days before the anticipated date. Except as provided in subparagraph (B), in no event shall preseparation counseling commence later than 365 days before the date of retirement or other separation.
(B) In the event that a retirement or other separation is unanticipated until there are 365 or fewer days before the anticipated retirement or separation date, or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 365-day requirement under subparagraph (A) unfeasible, preseparation counseling shall begin as soon as possible within the remaining period of service.
(C) The Secretary of Defense may implement a system to track how many, and what percentage of, members begin to receive preseparation counseling within time periods specified in this paragraph.
(4)
(A) Subject to subparagraph (B), the Secretary concerned shall not provide preseparation counseling to a member who is being discharged or released before the completion of the first 180 continuous days of active duty of the member.
(B) Subparagraph (A) shall not apply in the case of a member who is being retired or separated for disability.
(C) For purposes of calculating the days of active duty of a member under subparagraph (A), the Secretary concerned shall exclude any day on which—
(i) the member performed full-time training duty or annual training duty; and
(ii) the member attended, while in the active military service, a school designated as a service school by law or by the Secretary concerned.
(D) The Secretary concerned may waive the requirement for preseparation counseling under paragraph (1) in the case of a member of the reserve components if—
(i) the member requests such a waiver;
(ii) the member received preseparation counseling during the period of three years preceding the date of such request; and
(iii) matters covered by such counseling, specified in subsection (b), have not changed since the member last received such counseling.
**(b) Matters To Be Covered By Counseling.—** Counseling under this section shall include the following:
(1) A discussion of the educational assistance benefits to which the member is entitled under the Montgomery GI Bill and other educational assistance programs because of the member’s service in the armed forces.
(2) A description (to be developed with the assistance of the Secretary of Veterans Affairs) of the compensation and vocational rehabilitation benefits to which the member may be entitled under laws administered by the Secretary of Veterans Affairs, if the member is being medically separated or is being retired under chapter 61 of this title.
(3) An explanation of the procedures for and advantages of affiliating with the Selected Reserve.
(4) Provision of information on civilian occupations and related assistance programs, including information concerning—
(A) certification and licensure requirements that are applicable to civilian occupations, including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses;
(B) civilian occupations that correspond to military occupational specialties; and
(C) Government and private-sector programs for job search and job placement assistance, including information regarding the placement programs established under sections 1152 and 1153 of this title and the Troops-to-Teachers Program.
(5) If the member has a spouse, inclusion of the spouse, at the discretion of the member and the spouse, when counseling regarding the matters covered by paragraphs (9), (10), and (16) is provided, job placement counseling for the spouse, and the provision of information on survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs.
(6) Information concerning the availability of relocation assistance services and other benefits and services available to persons leaving military service, as provided under [section 1144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1144&num=0&edition=prelim).
(7) Information concerning the availability of medical and dental coverage following separation from active duty, including the opportunity to elect into the conversion health policy provided under [section 1145 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1145&num=0&edition=prelim).
(8) Counseling (for the member and dependents) on the effect of career change on individuals and their families and the availability to the member and dependents of suicide prevention resources following separation from the armed forces.
(9)
(A) Financial planning assistance, including information on budgeting, saving, credit, loans and debt management,,11 So in original. and taxes.
(B) Individualized assistance regarding matters described in subparagraph (A).
(10) The creation of a transition plan for the member to attempt to achieve the educational, training, employment, and financial objectives of the member and, if the member has a spouse, the spouse of the member.
(11) Information concerning the availability of mental health services and the treatment of post-traumatic stress disorder, anxiety disorders, depression, suicidal ideations, or other mental health conditions associated with service in the armed forces and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse.
(12) Information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor.
(13) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration.
(14) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38.
(15) Information concerning veterans preference in Federal employment and Federal procurement opportunities.
(16) Information on home loan services and housing assistance benefits available under the laws administered by the Secretary of Veterans Affairs and counseling on responsible borrowing practices.
(17) A description, developed in consultation with the Secretary of Veterans Affairs, of health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs, and information regarding the means by which the member can receive additional counseling regarding the member’s actual entitlement to such benefits and apply for such benefits.
(18) A description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program conducted by the Secretary of Veterans Affairs pursuant to [section 1720G of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720G&num=0&edition=prelim), including the veterans covered by the program, the caregivers eligible for assistance and support through the program, and the assistance and support available through the program.
(19) Information regarding how to file claims for benefits available to the member under laws administered by the Secretaries of Defense and Veterans Affairs.
**(c) Counseling Pathways.—**
(1) Each Secretary concerned, in consultation with the Secretaries of Labor and Veterans Affairs, shall establish at least three pathways for members of the military department concerned (including one pathway for members of the reserve components) receiving individualized counseling under this section. The Secretaries shall design the pathways to address the needs of members, based on the following factors:
(A) Rank.
(B) Term of service.
(C) Gender.
(D) Whether the member was a member of a regular or reserve component of an armed force.
(E) Potential or confirmed disability.
(F) Potential or confirmed character of discharge (including expedited discharge and discharge under conditions other than honorable).
(G) Health (including mental health).
(H) Military occupational specialty.
(I) Whether the member intends, after separation, retirement, or discharge, to—
(i) seek employment;
(ii) enroll in a program of higher education;
(iii) enroll in a program of vocational training; or
(iv) become an entrepreneur.
(J) The educational history of the member.
(K) The employment history of the member.
(L) Whether the member has secured—
(i) employment;
(ii) enrollment in a program of education; or
(iii) enrollment in a program of vocational training.
(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).
(N) The employment status of other adults in the household of the member.
(O) The location of the duty station of the member (including whether the member was separated from family while on duty).
(P) The effects of operating tempo and personnel tempo on the member and the household of the member.
(R) 22 So in original. There is no subpar. (Q). Other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Veterans Affairs, determine appropriate.
(2) Each member described in subsection (a) shall meet in person or by video conference with a counselor before beginning counseling under this section to—
(A) take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate pathway under this subsection;
(B) receive information from the counselor regarding reenlistment in the armed forces; and
(C) receive information from the counselor regarding resources (including resources regarding military sexual trauma)—
(i) for members of the armed forces separated, retired, or discharged;
(ii) located in the community in which the member will reside after separation, retirement, or discharge.
(3) At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(C).
**(d) Transmittal of Medical Information to Department of Veterans Affairs.—** In the case of a member being medically separated or being retired under chapter 61 of this title, the Secretary concerned shall ensure (subject to the consent of the member) that a copy of the member’s service medical record (including any results of a Physical Evaluation Board) is transmitted to the Secretary of Veterans Affairs within 60 days of the separation or retirement.
**(e) Joint Service Transcript.—** The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—
(1) that member—
(A) at the meeting with a counselor under subsection (c)(2); and
(B) on the day the member separates, retires, or is discharged; and
(2) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall establish and maintain a program to furnish counseling, assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to members of the armed forces under the jurisdiction of the Secretary concerned who are being separated from active duty and the spouses of such members. Subject to subsection (f)(2), such services shall be provided to a member within the time periods provided under paragraph (3) of [section 1142(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1142/a&num=0&edition=prelim), except that the Secretary concerned shall not provide preseparation counseling to a member described in paragraph (4)(A) of such section.
(2) The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor in establishing and maintaining the program under this section.
(3) The Secretaries referred to in paragraph (1) shall enter into a detailed agreement to carry out this section.
**(b) Elements of Program.—** In establishing and carrying out a program under this section, the Secretary of Labor shall do the following:
(1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities (including apprenticeship programs approved under chapters 30 through 36 of title 38), (C) instruction in resumé preparation, and (D) job analysis techniques, job search techniques, and job interview te
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1144
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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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 102–484, div. D, title XLIV, § 4462(a)(1), Oct. 23, 1992, 106 Stat. 2738; amended Pub. L. 103–337, div. A, title V, § 542(a)(3), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(14), Jan. 2, 2013, 126 Stat. 1952, related to encouraging members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty.
#### Increased Early Retirement Retired Pay for Public or Community Service
Pub. L. 102–484, div. D, title XLIV, § 4464, Oct. 23, 1992, 106 Stat. 2741, which related to increased early retirement retired pay for public or community service, was repealed by Pub. L. 115–232, div. A, title V, § 553(c), Aug. 13, 2018, 132 Stat. 1772, applicable with respect to an individual who retires from the Armed Forces on or after Aug. 13, 2018.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** From the amount reserved by the Secretary under [section 6621(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6621/3&num=0&edition=prelim), the Secretary is authorized to carry out an American history and civics education program to improve—
(1) the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and
(2) the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history.
**(b) Funding allotment** Of the amount available under subsection (a) for a fiscal year, the Secretary—
(1) shall reserve not less than 26 percent for activities under [section 6662 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6662&num=0&edition=prelim); and
(2) may reserve not more than 74 percent for activities under [section 6663 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6663&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** A member of the armed forces who is provided an assistive technology or assistive technology device for a severe or debilitating illness or injury incurred or aggravated by such member while on active duty may, under regulations prescribed by the Secretary of Defense, be authorized to retain such assistive technology or assistive technology device upon the separation of the member from active service.
**(b) Definitions.—** In this section, the terms “assistive technology” and “assistive technology device” have the meaning given those terms in section 3 of the Assistive Technology Act of 1998 ([29 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3002&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
The following shall be nationals and citizens of the United States at birth:
**(a)** a person born in the United States, and subject to the jurisdiction thereof;
**(b)** a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
**(c)** a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
**(d)** a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
**(e)** a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
**(f)** a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
**(g)** a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program of Comprehensive Assistance for Family Caregivers.—**
(1)
(A) The Secretary shall establish a program of comprehensive assistance for family caregivers of eligible veterans.
(B) The Secretary shall only provide support under the program required by subparagraph (A) to a family caregiver of an eligible veteran if the Secretary determines it is in the best interest of the eligible veteran to do so.
(2) For purposes of this subsection, an eligible veteran is any individual who—
(A) is a veteran or member of the Armed Forces undergoing medical discharge from the Armed Forces;
(B) for assistance provided under this subsection—
(i) before the date on which the Secretary submits to Congress a certification that the Department has fully implemented the information technology system required by section 162(a) of the Caring for Our Veterans Act of 2018, has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, air, or space service on or after September 11, 2001;
(ii) during the 2-year period beginning on the date on which the Secretary submitted to Congress the certification described in clause (i), has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, air, or space service—
(I) on or before May 7, 1975; or
(II) on or after September 11, 2001; or
(iii) after the date that is 2 years after the date on which the Secretary submits to Congress the certification described in clause (i), has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder)
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1720G
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provision of Continued Health Coverage.—** The Secretary of Defense shall implement and carry out a program of continued health benefits coverage in accordance with this section to provide persons described in subsection (b) with temporary health benefits comparable to the health benefits provided for former civilian employees of the Federal Government and other persons under [section 8905a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8905a&num=0&edition=prelim).
**(b) Eligible Persons.—** The persons referred to in subsection (a) are the following:
(1) A member of the uniformed services who—
(A) is discharged or released from active duty (or full-time National Guard duty), whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned;
(B) immediately preceding that discharge or release, is entitled to medical and dental care under [section 1074(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074/a&num=0&edition=prelim) (except in the case of a member discharged or released from full-time National Guard duty); and
(C) after that discharge or release and any period of transitional health care provided under [section 1145(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1145/a&num=0&edition=prelim), would not otherwise be eligible for any benefits under this chapter.
(2) A member of the Selected Reserve of the Ready Reserve of a reserve component of the armed forces who—
(A) is discharged or released from service in the Selected Reserve, whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned;
(B) i
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, an individual who—
(1) after February 2, 1991, is involuntarily separated (as such term is defined in [section 1141 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1141&num=0&edition=prelim)) with an honorable discharge;
(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(3) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy;
(4) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3), before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and
(5) before such separation elects to receive assistance under this section pursuant to procedures referred to in paragraph (3),
is entitled to basic educational assistance under this chapter.
**(b)** The basic pay of an individual described in subsection (a) shall be reduced by $1,200.
**(c)** A withdrawal referred to in subsection (a)(3
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