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10 U.S.C. § 1172 — Enlisted members: during war or emer-
Federal law — U.S. Code and appendices · legal_authorities
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
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.