
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: 10USC1174a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 59--SEPARATION
 
Sec. 1174a. Special separation benefits programs

    (a) Requirement for Programs.--The Secretary concerned shall carry 
out a special separation benefits program under this section. An 
eligible member of the armed forces may request separation under the 
program. The request shall be subject to the approval of the Secretary.
    (b) Benefits.--Upon the approval of the request of an eligible 
member, the member shall--
        (1) be released from active duty or full-time National Guard 
    duty or discharged, as the case may be; and
        (2) be entitled to--
            (A) separation pay equal to 15 percent of the product of (i) 
        the member's years of active service, and (ii) 12 times the 
        monthly basic pay to which the member is entitled at the time of 
        his discharge or release from active duty; and
            (B) the same benefits and services as are provided under 
        chapter 58 of this title, sections 404 and 406 of title 37, and 
        section 503(c) of the National Defense Authorization Act for 
        Fiscal Year 1991 (104 Stat. 1558; 37 U.S.C. 406 note) for 
        members of the armed forces who are involuntarily separated 
        within the meaning of section 1141 of this title.

    (c) Eligibility.--Subject to subsections (d) and (e), a member of an 
armed force is eligible for voluntary separation under a program 
established for that armed force pursuant to this section if the 
member--
        (1) has not been approved for payment of a voluntary separation 
    incentive under section 1175 of this title;
        (2) has served on active duty or full-time National Guard duty 
    or any combination of active duty and full-time National Guard duty 
    for more than 6 years;
        (3) has served on active duty or full-time National Guard duty 
    or any combination of active duty and full-time National Guard duty 
    for not more than 20 years;
        (4) has served at least 5 years of continuous active duty or 
    full-time National Guard duty or any combination of active duty and 
    full-time National Guard duty immediately preceding the date of the 
    member's separation from active duty; and
        (5) meets such other requirements as the Secretary may 
    prescribe, which may include requirements relating to--
            (A) years of service;
            (B) skill or rating;
            (C) grade or rank; and
            (D) remaining period of obligated service.

    (d) Program Applicability.--The Secretary concerned may provide for 
the program under this section to apply to any of the following members:
        (1) A regular officer or warrant officer of an armed force.
        (2) A regular enlisted member of an armed force.
        (3) A member of an armed force other than a regular member.

    (e) Applicability Subject to Needs of the Service.--(1) Subject to 
paragraphs (2) and (3), the Secretary concerned may limit the 
applicability of a program under this section to any category of 
personnel defined by the Secretary in order to meet a need of the armed 
force under the Secretary's jurisdiction to reduce the number of members 
in certain grades, the number of members who have completed a certain 
number of years of active service, or the number of members who possess 
certain military skills or are serving in designated competitive 
categories.
    (2) Any category prescribed by the Secretary concerned for regular 
officers, regular enlisted members, or other members pursuant to 
paragraph (1) shall be consistent with the categories applicable to 
regular officers, regular enlisted members, or other members, 
respectively, under the voluntary separation incentive program under 
section 1175 of this title or any other program established by law or by 
that Secretary for the involuntary separation of such members in the 
administration of a reduction in force.
    (3) A member of the armed forces offered a voluntary separation 
incentive under section 1175 of this title shall also be offered the 
opportunity to request separation under a program established pursuant 
to this section. If the Secretary concerned approves a request for 
separation under either such section, the member shall be separated 
under the authority of the section selected by such member.
    (f) Application Requirements.--(1) In order to be separated under a 
program established pursuant to this section--
        (A) a regular enlisted member eligible for separation under that 
    program shall--
            (i) submit a request for separation under the program before 
        the expiration of the member's term of enlistment; or
            (ii) upon discharge at the end of such term, enter into a 
        written agreement (pursuant to regulations prescribed by the 
        Secretary concerned) not to request reenlistment in a regular 
        component; and

        (B) a member referred to in subsection (d)(3) eligible for 
    separation under that program shall submit a request for separation 
    to the Secretary concerned before the expiration of the member's 
    established term of active service.

    (2) For purposes of this section, the entry of a member into an 
agreement referred to in paragraph (1)(A)(ii) under a program 
established pursuant to this section shall be considered a request for 
separation under the program.
    (g) Other Conditions, Requirements, and Administrative Provisions.--
Subsections (e) through (h), other than subsection (e)(2)(A), of section 
1174 of this title shall apply in the administration of programs 
established under this section.
    (h) Termination of Program.--(1) Except as provided in paragraph 
(2), the Secretary concerned may not conduct a program pursuant to this 
section after December 31, 2001.
    (2) No member of the armed forces may be separated under a program 
established pursuant to this section after the date of the termination 
of that program.

(Added Pub. L. 102-190, div. A, title VI, Sec. 661(a)(1), Dec. 5, 1991, 
105 Stat. 1394; amended Pub. L. 102-484, div. A, title X, Sec. 1052(15), 
div. D, title XLIV, Secs. 4405(a), 4422(a), Oct. 23, 1992, 106 Stat. 
2499, 2706, 2718; Pub. L. 103-35, title II, Sec. 202(a)(17), May 31, 
1993, 107 Stat. 102; Pub. L. 103-160, div. A, title V, Secs. 502, 
561(g), Nov. 30, 1993, 107 Stat. 1644, 1668; Pub. L. 103-337, div. A, 
title V, Sec. 542(b), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105-261, 
div. A, title V, Sec. 561(b), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 
106-398, Sec. 1 [[div. A], title V, Sec. 571(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-134.)


                               Amendments

    2000--Subsec. (h)(1). Pub. L. 106-398 substituted ``December 31, 
2001'' for ``September 30, 2001''.
    1998--Subsec. (h)(1). Pub. L. 105-261 substituted ``September 30, 
2001'' for ``September 30, 1999''.
    1994--Subsec. (a). Pub. L. 103-337, Sec. 542(b)(1), substituted 
``concerned'' for ``of each military department''.
    Subsec. (d). Pub. L. 103-337, Sec. 542(b)(2), substituted 
``concerned'' for ``of a military department''.
    Subsec. (e)(3). Pub. L. 103-337, Sec. 542(b)(3), struck out ``of the 
military department'' after ``Secretary''.
    Subsec. (h). Pub. L. 103-337, Sec. 542(b)(4), substituted 
``concerned'' for ``of a military department''.
    1993--Subsec. (c)(2). Pub. L. 103-160, Sec. 502, struck out ``before 
December 5, 1991'' after ``6 years''.
    Subsec. (c)(3). Pub. L. 103-35, Sec. 202(a)(17)(A), made technical 
amendment to directory language of Pub. L. 102-484, Sec. 4422(a)(3). See 
1992 Amendment note below.
    Subsec. (c)(4). Pub. L. 103-35, Sec. 202(a)(17)(B), made technical 
amendment to directory language of Pub. L. 102-484, Sec. 4422(a)(4). See 
1992 Amendment note below.
    Subsec. (h)(1). Pub. L. 103-160, Sec. 561(g), substituted 
``September 30, 1999'' for ``September 30, 1995''.
    1992--Subsec. (b)(1). Pub. L. 102-484, Sec. 4422(a)(1), inserted 
``or full-time National Guard duty'' after ``active duty''.
    Subsec. (b)(2)(B). Pub. L. 102-484, Sec. 4405(a), inserted ``, 
sections 404 and 406 of title 37, and section 503(c) of the National 
Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; 37 
U.S.C. 406 note)'' after ``chapter 58 of this title''.
    Subsec. (c)(2). Pub. L. 102-484, Secs. 1052(15), 4422(a)(2), 
substituted ``December 5, 1991'' for ``the date of the enactment of this 
section'' and inserted ``or full-time National Guard duty or any 
combination of active duty and full-time National Guard duty'' after 
``active duty''.
    Subsec. (c)(3). Pub. L. 102-484, Sec. 4422(a)(3), as amended by Pub. 
L. 103-35, Sec. 202(a)(17)(A), inserted ``or full-time National Guard 
duty or any combination of active duty and full-time National Guard 
duty'' after ``active duty''.
    Subsec. (c)(4). Pub. L. 102-484, Sec. 4422(a)(4), as amended by Pub. 
L. 103-35, Sec. 202(a)(17)(B), inserted ``and'' after semicolon at end 
and ``or full-time National Guard duty or any combination of active duty 
and full-time National Guard duty'' after ``active duty'' the first 
place it appeared.
    Subsec. (c)(5), (6). Pub. L. 102-484, Sec. 4424(a)(5), redesignated 
par. (6) as (5) and struck out former par. (5) which read as follows: 
``if a Reserve, is on an active duty list; and''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 applicable only to members of the Coast 
Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. 
L. 103-337, set out as a note under section 1141 of this title.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-35 applicable as if included in the 
enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35, set 
out as a note under section 155 of this title.


                    Effective Date of 1992 Amendment

    Section 4405(c) of Pub. L. 102-484 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1175 
of this title] shall apply as if included in sections 1174a and 1175 of 
title 10, United States Code, as enacted on December 5, 1991, but any 
benefits or services payable by reason of the applicability of the 
provisions of those amendments during the period beginning on December 
5, 1991, and ending on the date of the enactment of this Act [Oct. 23, 
1992] shall be subject to the availability of appropriations.''


   Remedy for Ineffective Counseling of Officers Discharged Following 
                   Selection by Early Discharge Boards

    Pub. L. 103-160, div. A, title V, Sec. 507, Nov. 30, 1993, 107 Stat. 
1646, as amended by Pub. L. 103-337, div. A, title X, Sec. 1070(b)(1), 
Oct. 5, 1994, 108 Stat. 2856, provided that:
    ``(a) Procedure for Review.--(1) The Secretary of each military 
department shall establish a procedure for the review of the individual 
circumstances of an officer described in paragraph (2) who is 
discharged, or who the Secretary concerned approves for discharge, 
following the report of a selection board convened by the Secretary to 
select officers for separation. The procedure established by the 
Secretary of a military department under this section shall provide that 
each review under that procedure be carried out by the Board for the 
Correction of Military Records of that military department.
    ``(2) This section applies in the case of any officer (including a 
warrant officer) who, having been offered the opportunity to be 
discharged or otherwise separated from active duty through the programs 
provided under section 1174a and 1175 of title 10, United States Code--
        ``(A) elected not to accept such discharge or separation; and
        ``(B) submits an application under subsection (b) during the 
    two-year period beginning on the later of the date of the enactment 
    of this Act [Nov. 30, 1993] and the date of such discharge or 
    separation.
    ``(b) Application.--A review under this section shall be conducted 
in any case submitted to the Secretary concerned by application from the 
officer or former officer under regulations prescribed by the Secretary.
    ``(c) Purpose of Review.--(1) The review under this section shall be 
designed to evaluate the effectiveness of the counseling of the officer 
before the convening of the board to ensure that the officer was 
properly informed that selection for discharge or other separation from 
active duty was a potential result of being within the group of officers 
to be considered by the board and that the officer was not improperly 
informed that such selection in that officer's personal case was 
unlikely.
    ``(2) The Board for the Correction of Military Records of a military 
department shall render a decision in each case under this section not 
later than 60 days after receipt by the Secretary concerned of an 
application under subsection (b).
    ``(d) Remedy.--Upon a finding of ineffective counseling under 
subsection (c), the Secretary shall provide the officer the opportunity 
to participate, at the officer's option, in any one of the following 
programs for which the officer meets all eligibility criteria:
        ``(1) The Special Separation Benefits program under section 
    1174a of title 10, United States Code.
        ``(2) The Voluntary Separation Incentive program under section 
    1175 of such title.
        ``(3) Retirement under the authority provided by section 4403 of 
    the National Defense Authorization Act for Fiscal Year 1993 (Public 
    Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note).
    ``(e) Effective Date.--This section shall apply with respect to 
officers separated after September 30, 1990.''


            Separation Payments; Reductions and Prohibitions

    Pub. L. 103-335, title VIII, Sec. 8106A, Sept. 30, 1994, 108 Stat. 
2645, as amended by Pub. L. 104-6, title I, Sec. 105(a), Apr. 10, 1995, 
109 Stat. 79, which provided that members who separated after Sept. 30, 
1994, from active duty or full-time National Guard duty in a military 
department pursuant to a Special Separation Benefits program under 
section 1174a of this title or a Voluntary Separation Incentive program 
under section 1175 of this title would have their separation payments 
reduced by the amount of certain bonus payments and eliminated if they 
are rehired within 180 days by the Department of Defense in a civilian 
position and that civilian Department of Defense employees would not 
receive voluntary separation payments if rehired by a Federal agency 
within 180 days of separating from the Department of Defense, was from 
the Department of Defense Appropriations Act, 1995, and was not repeated 
in subsequent appropriation acts. Similar provisions were contained in 
the following prior appropriation act:
    Pub. L. 103-139, title VIII, Sec. 8127, Nov. 11, 1993, 107 Stat. 
1469.


                         Commencement of Program

    Section 661(b) of Pub. L. 102-190 provided that: ``The Secretary of 
each military department shall commence the program required by section 
1174a of title 10, United States Code (as added by subsection (a)), not 
later than 60 days after the date of the enactment of this Act [Dec. 5, 
1991].''


                           Report on Programs

    Section 663 of Pub. L. 102-190 directed Secretary, not later than 
180 days after Dec. 5, 1991, to submit to Congress a report containing 
the Secretary's assessment of effectiveness of programs established 
under sections 1174a and 1175 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1152, 1153, 1175 of this 
title; title 29 section 2918; title 33 section 857a; title 38 section 
3018B.
