
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-103 Section 302(a)]
[CITE: 10USC1142]

 
                         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. 1142. Preseparation counseling; transmittal of medical 
        records to Department of Veterans Affairs
        
    (a) Requirement.--(1) As soon as possible before, but in no event 
later than 90 days before, the date of the discharge or release from 
active duty of a member of the armed forces, the Secretary concerned 
shall provide for individual preseparation counseling of the member. 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) In carrying out this section, the Secretary concerned may use 
the services available under section 1144 of this title.
    (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) Information concerning Government and private-sector 
    programs for job search and job placement assistance, including the 
    public and community service jobs program carried out under section 
    1143a of this title, and information regarding the placement 
    programs established under sections 1152 and 1153 of this title and 
    the Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et seq.).
        (5) If the member has a spouse, job placement counseling for the 
    spouse.
        (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.
        (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.
        (8) Counseling (for the member and dependents) on the effect of 
    career change on individuals and their families.
        (9) Financial planning assistance.
        (10) The creation of a transition plan for the member to attempt 
    to achieve the educational, training, and employment objectives of 
    the member and, if the member has a spouse, the spouse of the 
    member.

    (c) 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.

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 
104 Stat. 1552; amended Pub. L. 102-190, div. A, title X, 
Sec. 1061(a)(5), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102-484, div. D, 
title XLIV, Secs. 4401, 4441(b), 4462(b), Oct. 23, 1992, 106 Stat. 2701, 
2730, 2740; Pub. L. 103-35, title II, Sec. 201(i)(1), May 31, 1993, 107 
Stat. 100; Pub. L. 103-160, div. A, title XIII, Sec. 1332(c), Nov. 30, 
1993, 107 Stat. 1797; Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(9)], Oct. 30, 2000, 114 Stat. 1654, 1654A-290.)

                       References in Text

    The Troops-to-Teachers Program Act of 1999, referred to in subsec. 
(b)(4), is title XVII of div. A of Pub. L. 106-65, Oct. 5, 1999, 113 
Stat. 817, which is classified principally to chapter 74 (Sec. 9301 et 
seq.) of Title 20, Education. For complete classification of this Act to 
the Code, see section 9301(a) of Title 20 and Tables.


                               Amendments

    2000--Subsec. (b)(4). Pub. L. 106-398 substituted ``sections 1152 
and 1153 of this title and the Troops-to-Teachers Program Act of 1999 
(20 U.S.C. 9301 et seq.)'' for ``sections 1151, 1152, and 1153 of this 
title''.
    1993--Subsec. (b)(4). Pub. L. 103-160 substituted ``programs 
established under sections 1151, 1152, and 1153 of this title'' for 
``program established under section 1151 of this title to assist members 
to obtain employment as elementary or secondary school teachers or 
teachers' aides''.
    Pub. L. 103-35 substituted ``job placement assistance, including the 
public and community service jobs program carried out under section 
1143a of this title, and information regarding the placement program 
established under section 1151 of this title to assist members to obtain 
employment as elementary or secondary school teachers or teachers' 
aides'' for ``job placement assistance and information regarding the 
placement program established under section 1151 of this title to assist 
members obtain employment as elementary or secondary school teachers or 
teachers' aides., including the public and community service jobs 
program carried out under section 1143a of this title''.
    1992--Subsec. (a)(1). Pub. L. 102-484, Sec. 4401(a), substituted 
``As soon as possible before, but in no event later than 90 days before, 
the date of the discharge'' for ``Upon the discharge''.
    Subsec. (b)(4). Pub. L. 102-484, Sec. 4462(b), inserted before 
period at end ``, including the public and community service jobs 
program carried out under section 1143a of this title''.
    Pub. L. 102-484, Sec. 4441(b), inserted before period at end ``and 
information regarding the placement program established under section 
1151 of this title to assist members obtain employment as elementary or 
secondary school teachers or teachers' aides.''
    Subsec. (b)(10). Pub. L. 102-484, Sec. 4401(b), added par. (10).
    1991--Subsec. (b)(5). Pub. L. 102-190 substituted period for 
semicolon at end.


   Application of Preseparation Counseling Requirements to Coast Guard

    Pub. L. 103-337, div. A, title V, Sec. 543(a), Oct. 5, 1994, 108 
Stat. 2769, provided that: ``As soon as possible after the date of the 
enactment of this Act [Oct. 5, 1994], the Secretary of Transportation 
shall implement the requirements of section 1142 of title 10, United 
States Code, for the Coast Guard.''


    Limitation on Funding To Carry Out Section 543 of Pub. L. 103-337

    Pub. L. 103-337, div. A, title V, Sec. 543(h), Oct. 5, 1994, 108 
Stat. 2772, provided that: ``Funds appropriated or otherwise made 
available to the Department of Defense, the Department of Education, the 
Department of Labor, or the Department of Veterans Affairs may not be 
used to carry out subsection (a) [set out above] or the amendments made 
by this section [amending sections 1144 and 1151 to 1153 of this title 
and provisions set out as notes under section 1143 of this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1078a, 1144 of this title; 
title 20 section 9303.
