
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1141]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR 
                           RECENTLY SEPARATED
 
Sec. 1141. Involuntary separation defined

    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; and
        (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.

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 
104 Stat. 1551; amended Pub. L. 103-160, div. A, title V, Sec. 503, Nov. 
30, 1993, 107 Stat. 1644; Pub. L. 103-337, div. A, title V, 
Sec. 542(a)(1), Oct. 5, 1994, 108 Stat. 2767.)


                               Amendments

    1994--Pub. L. 103-337, in introductory provisions, substituted 
``armed forces'' for ``Army, Navy, Air Force, or Marine Corps'' and ``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,'' for ``or on or after the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 1994''.
    1993--Pub. L. 103-160 inserted ``or on or after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
1994'' after ``September 30, 1990,''.


                    Effective Date of 1994 Amendment

    Section 542(e) of Pub. L. 103-337 provided that: ``This section 
[amending this section and sections 1143, 1143a, 1145 to 1150, 1174a, 
and 1175 of this title and enacting provisions set out as a note under 
section 1293 of this title] and the amendments made by this section 
shall apply only to members of the Coast Guard who are separated after 
September 30, 1994.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1174a, 1175 of this title; 
title 20 section 932; title 29 section 2918; title 37 sections 404, 406; 
title 38 section 3018A; title 42 section 3796dd.
