
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: 10USC1176]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 59--SEPARATION
 
Sec. 1176. Enlisted members: retention after completion of 18 or 
        more, but less than 20, years of service
        
    (a) Regular Members.--A regular enlisted member who is selected to 
be involuntarily separated, or whose term of enlistment expires and who 
is denied reenlistment, and who on the date on which the member is to be 
discharged is within two years of qualifying for retirement under 
section 3914 or 8914 of this title, or of qualifying for transfer to the 
Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this 
title, shall be retained on active duty until the member is qualified 
for retirement or transfer to the Fleet Reserve or Fleet Marine Corps 
Reserve, as the case may be, unless the member is sooner retired or 
discharged under any other provision of law.
    (b) Reserve Members in Active Status.--A reserve enlisted member 
serving in an active status who is selected to be involuntarily 
separated (other than for physical disability or for cause), or whose 
term of enlistment expires and who is denied reenlistment (other than 
for physical disability or for cause), and who on the date on which the 
member is to be discharged or transferred from an active status is 
entitled to be credited with at least 18 but less than 20 years of 
service computed under section 12732 of this title, may not be 
discharged, denied reenlistment, or transferred from an active status 
without the member's consent before the earlier of the following:
        (1) If as of the date on which the member is to be discharged or 
    transferred from an active status the member has at least 18, but 
    less than 19, years of service computed under section 12732 of this 
    title--
            (A) the date on which the member is entitled to be credited 
        with 20 years of service computed under section 12732 of this 
        title; or
            (B) the third anniversary of the date on which the member 
        would otherwise be discharged or transferred from an active 
        status.

        (2) If as of the date on which the member is to be discharged or 
    transferred from an active status the member has at least 19, but 
    less than 20, years of service computed under section 12732 of this 
    title--
            (A) the date on which the member is entitled to be credited 
        with 20 years of service computed under section 12732 of this 
        title; or
            (B) the second anniversary of the date on which the member 
        would otherwise be discharged or transferred from an active 
        status.

(Added Pub. L. 102-484, div. A, title V, Sec. 541(a), Oct. 23, 1992, 106 
Stat. 2412; amended Pub. L. 103-160, div. A, title V, Sec. 562(a), Nov. 
30, 1993, 107 Stat. 1669; Pub. L. 104-106, div. A, title XV, 
Sec. 1501(c)(12), Feb. 10, 1996, 110 Stat. 499.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106 substituted ``section 12732'' for 
``section 1332'' wherever appearing.
    1993--Subsec. (b). Pub. L. 103-160 added subsec. (b) and struck out 
heading and text of former subsec. (b) which provided that a reserve 
enlisted member serving on active duty who was selected to be 
involuntarily separated, or whose term of enlistment expired and who was 
denied reenlistment, and who on the date on which the member was to be 
discharged or released from active duty was entitled to be credited with 
at least 18 but less than 20 years of service computed under section 
1332 of this title, could not be discharged or released from active duty 
without the member's consent before the earlier of certain dates.


                    Effective Date of 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


                    Effective Date of 1993 Amendment

    Section 562(b) of Pub. L. 103-160 provided that: ``Subsection (b) of 
section 1176 of title 10, United States Code, as added by subsection 
(a), shall take effect as of October 23, 1992.''
