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10 U.S.C. § 1172 — Enlisted members: during war or emer-

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1172 — Enlisted members: during war or emer-

Page 1236 TITLE 10—ARMED FORCES § 1169 ‘‘(a) MODIFICATION REQUIRED.—The Secretary of De- fense shall modify the Certificate of Release or Dis- charge from Active Duty (DD Form 214) to— ‘‘(1) be machine readable and electronically trans- ferable; 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 re- lease 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 fol- lowing: ‘‘(1) What systems of the Department of Defense re- quire 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 Sec- retary, to automate items identified under para- graphs (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 21

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1172

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Stable record: federal_law:legal_authorities:usc2024-68a782b5a3daf756e4f4c6fb
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-1172-enlisted-members-during-war-or-emer--9a2544d103.md
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Source location: USCODE-2024-title10-subtitleA-partII-chap59-sec1172.pdf

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Page 1236 TITLE 10—ARMED FORCES § 1169 ‘‘(a) MODIFICATION REQUIRED.—The Secretary of De- fense shall modify the Certificate of Release or Dis- charge from Active Duty (DD Form 214) to— ‘‘(1) be machine readable and electronically trans- ferable; 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 re- lease 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 fol- lowing: ‘‘(1) What systems of the Department of Defense re- quire 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 Sec- retary, to automate items identified under para- graphs (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 Vet- erans 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 dis- charge or release.’’ § 1169. Regular enlisted members: limitations on discharge No regular enlisted member of an armed force may be discharged before his term of service ex- pires, 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.) § 1170. Regular enlisted members: minority dis- charge 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 dis- charged 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 Sec- retary 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.) § 1171. Regular enlisted members: early dis- charge 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 expira- tion 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 en- listment 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.) Editorial Notes AMENDMENTS 2011—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. § 1172. Enlisted members: during war or emer- gency; discharge 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.) § 1173. Enlisted members: discharge for hardship Under regulations prescribed by the Secretary concerned, a regular enlisted member of an armed force who has dependents may be dis- charged for hardship. (Added Pub. L. 93–64, title I, § 102, July 9, 1973, 87 Stat. 147.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of Title 37, Pay and Allowances of the Uniformed Services. § 1174. Separation pay upon involuntary dis- charge or release from active duty (a) REGULAR OFFICERS.—(1) A regular officer who is discharged under chapter 36 of this title

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1172 — Enlisted members: during war or emergency; discharge

A person enlisted under [section 518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section518&num=0&edition=prelim) may be discharged at any time by the President, or otherwise according to law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1172

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