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10 U.S.C. § 1149 — Excess leave and permissive temporary duty
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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1149-excess-leave-and-permissive-temporary-duty--0873ce28c7.md
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Source location: Title 10, Chapter 58, § 1149; chapter-058-benefits-and-services-for-members-being-separated-or-recently-separated.md
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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.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 1222
TITLE 10—ARMED FORCES
§ 1148
(b) RENTAL
CHARGES.—The Secretary con-
cerned, pursuant to such regulations, shall re-
quire a reasonable rental charge for the contin-
ued use of military family housing under sub-
section (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 con-
strued 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 immediately before being involun-
tarily separated, even in cases in which the indi-
vidual or members of the individual’s household
continue to reside after the separation in a
housing unit acquired or constructed under the
alternative authority of subchapter IV of chap-
ter 169 of this title that is not owned or leased
by the United States.
(Added Pub. L. 101–510, div. A, title V, § 502(a)(1),
Nov. 5, 1990, 104 Stat. 1556; amended Pub. L.
103–160, div. A, title V, § 561(i), Nov. 30, 1993, 107
Stat. 1668; Pub. L. 103–337, div. A, title V,
§ 542(a)(6), Oct. 5, 1994, 108 Stat. 2768; Pub. L.
105–261, div. A, title V, § 561(j), Oct. 17, 1998, 112
Stat. 2026; Pub. L. 106–398, § 1 [[div. A], title V,
§ 571(j)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135;
Pub. L. 112–239, div. A, title VI, § 632, Jan. 2, 2013,
126 Stat. 1782.)
Editorial Notes
AMENDMENTS
2013—Subsec. (a)(1). Pub. L. 112–239, § 632(a)(1), sub-
stituted ‘‘October 1, 2012, and ending on December 31,
2018’’ for ‘‘October 1, 1990, and ending on December 31,
2001’’.
Subsec. (a)(2). Pub. L. 112–239, § 632(a)(2), (c), sub-
stituted
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