§ 1141. Involuntary separation defined

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title V § 502(a)(1) · 104 Stat. 1485

   Enacted · 10 U.S.C. § 1141

   Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1551

   Source evidence

   Code source credit
   Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1551

   Enacted provision · exact public law section
   (1) Part II of subtitle A of title 10, United States Code, is amended by inserting after chapter 57 the following new chapter: “CHAPTER 58— BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED “Sec. “1141. Involuntary separation defined. “1142. Preseparation counseling; transmittal of medical records to Department of Veterans Affairs. “1143. Employment assistance: Department of Defense. “1144. Employment assistance, job training assistance, and other transitional services: Department of Labor. “1145. Health benefits. “1146. Commissary and exchange benefits. “1147. Use of military family housing. “1148. Relocation assistance for personnel overseas. “1149. Excess leave and permissive temporary duty. “1150. Affiliation with Guard and Reserve units: waiver of certain limitations. “§1141. Involuntary separation defined “A member of the Army, Navy, Air Force, or Marine Corps 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, 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. “§ 1142. Preseparation counseling; transmittal of medical records to Department of Veterans Affairs “(a) Requirement.— (1) Upon 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. “(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, includ-ing 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. “(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. “§ 1143. Employment assistance: Department of Defense “(a) Employment Skills Verification.— The Secretary of Defense shall provide to members of the armed forces under the jurisdiction of the Secretary who are discharged or released from active duty a certification or verification of any job skills and experience acquired while on active duty that may have application to employment in the civilian sector. The preceding sentence shall be carried out in conjunction with the Secretary of Labor. “(b) Employment Assistance Centers.— The Secretary of Defense Establishment. shall establish permanent employment assistance centers at appropriate military installations. “(c) Information to Civilian Entities.— For the purpose of assisting members covered by subsection (a) and their spouses in locating civilian employment and training opportunities, the Secretary of Defense shall establish and implement procedures to release to civilian employers, organizations, State employment agencies, and other appropriate entities the names (and other pertinent information) of such members and their spouses. Such names may be released for such purpose only with the consent of such members and spouses. “(d) Employment Preference by Nonappropriated Fund Instrumentalities.— The Secretary of Defense shall take such steps as necessary to provide that members of Army, Navy, Air Force, or Marine Corps who are involuntarily separated, and the dependents of such members, shall be provided a preference in hiring by nonappropriated fund instrumentalities of the Department. Such preference shall be administered in the same manner as the preference for military spouses provided under section 806(a)(2) of the Military Family Act of 1985, except that a preference under that section shall have priority over a preference under this subsection. A person may receive a preference in hiring under this subsection only once. “§ 1144. Employment assistance, job training assistance, and other transitional services: Department of Labor “(a) In General.— (1) The Secretary of Labor, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, shall establish and maintain a program to furnish counseling, assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to members of the armed forces under the jurisdiction of the Secretary of a military department who are being separated from active duty and the spouses of such members. Such services shall be provided to a member during the 180-day period before the member is separated from active duty. “(2) The Secretary of Defense and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor in establishing and maintaining the program under this section. “(3) The Secretaries referred to in paragraph (1) shall enter into a detailed agreement to carry out this section. The agreement shall be entered into no later than 60 days after the date of the enactment of this section. “(b) Elements of Program.— In establishing and carrying out a program under this section, the Secretary of Labor shall do the following: “(1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities, (C) instruction in resume preparation, and (D) job analysis techniques, job search techniques, and job interview techniques. “(2) In providing information under paragraph (1), use experience obtained from implementation of the pilot program established under section 408 of Public Law 101–237. “(3) Provide information concerning Federal, State, and local programs, and programs of military and veterans service organization, that may be of assistance to such members after separation from the Armed Forces, including, as appropriate, the information and services to be provided under section 1142 of this title. “(4) Inform such members that the Department of Defense is required under section 1143(a) of this title to provide proper certification or verification of job skills and experience acquired while on active duty that may have application to employment in the civilian sector for use in seeking civilian employment and in obtaining job search skills. “(5) Provide information and other assistance to such members in their efforts to obtain loans and grants from the Small Business Administration and other Federal, State, and local agencies. “(6) Provide information about the geographic areas in which such members will relocate after separation from the armed forces, including, to the degree possible, information about employment opportunities, the labor market, and the cost of living in such area (including, to the extent practicable, the cost and availability of housing, child care, education, and medical and dental care). “(7) Work with military and veterans’ service organizations and other appropriate organizations in promoting and publicizing job fairs for such members. “(c) Participation.— The Secretary of Defense shall encourage and otherwise promote maximum participation by members of the armed forces eligible for assistance under the program carried out under this section. “(d) Use of Personnel and Organizations.— In carrying out the program established under this section, the Secretaries may— “(1) provide, as the case may be, for the use of disabled veterans outreach program specialists, local veterans’ employment representatives, and other employment service personnel funded by the Department of Labor to the extent that the Secretary of Labor determines that such use will not signifi-cantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of such services or benefits; “(2) use military and civilian personnel of the Department of Defense; “(3) use personnel of the Veterans Benefits Administration of the Department of Veterans Affairs and other appropriate personnel of that Department; “(4) use representatives of military and veterans’ service organizations; “(5) enter into contracts with public or private entities; and “(6) take other necessary action to develop and furnish the information and services to be provided under this section. “(e) Funding.— (1) There is authorized to be appropriated to the Department of Labor to carry out this section $4,000,000 for fiscal year 1991 and $9,000,000 for each of fiscal years 1992 and 1993. “(2) There is authorized to be appropriated to the Department of Veterans Affairs to carry out this section $1,000,000 for fiscal year 1991 and $4,000,000 for each of fiscal years 1992 and 1993. “§ 1145. Health benefits “(a) Transitional Health Care.— (1) For the applicable time period described in paragraph (2), a member of the armed forces who is involuntarily separated from active duty during the five-year period beginning on October 1, 1990 (and the dependents of the member), shall be entitled to receive— “(A) medical and dental care under section 1076 of this title in the same manner as a dependent described in subsection (a)(2) of such section; and “(B) health benefits contracted under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section. “(2) Transitional health care shall be available under subsection (a) for a specified time period beginning on the date on which the member is involuntarily separated as follows: “(A) For members involuntarily separated with less than six years of active service, 60 days. “(B) For members involuntarily separated with six or more years of active service, 120 days. “(b) Conversion Health Policies.— (1) The Secretary of Defense shall inform each member referred to in subsection (a) before the date of the member’s discharge or release from active duty of the availability for purchase by the member of a conversion health policy for the member and the dependents of that member. “(2) If a member referred to in subsection (a) purchases a conversion health policy during the period applicable to the member (or within a reasonable time after that period as prescribed by the Secretary of Defense), the Secretary shall provide health care, or pay the costs of health care provided, to the member and the dependents of the member— “(A) during the one-year period beginning on the date on which coverage under the conversion health policy begins; and “(B) for a condition (including pregnancy) that exists on such date and for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition. “(3) The Secretary of Defense may arrange for the provision of health care described in paragraph (2) through a contract with the insurer offering the conversion health policy. “(c) Health Care For Certain Separated Members Not Otherwise Eligible.— (1) Consistent with the authority of the Secretary concerned to designate certain classes of persons as eligible to receive health care at a military medical facility, the Secretary concerned should consider authorizing, on an individual basis in cases of hardship, the provision of that care for a member who is separated from the armed forces during the five-year period beginning on October 1, 1990, and is ineligible for transitional health care under subsection (a) or does not obtain a conversion health policy (or a dependent of the member). “(2) The Secretary concerned shall give special consideration to requests for such care in cases in which the condition for which treatment is required was incurred or aggravated by the member or the dependent before the date of the separation of the member, particularly if the condition is a result of the particular circumstances of the service of the member. “(d) Definition.— In this section, the term ‘conversion health policy’ means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and a private insurer, that is available for purchase by or for the use of a person who is no longer a member of the armed forces or a covered beneficiary. “§ 1146. Commissary and exchange benefits Regulations. “The Secretary of Defense shall prescribe regulations to allow a member of the armed forces who is involuntarily separated from active duty during the five-year period beginning on October 1, 1990, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. “§ 1147. Use of military family housing “(a) Transition for Involuntarily Separated Members.— The Secretary of a military department may, pursuant to regulations prescribed by the Secretary of Defense, permit individuals who are involuntarily separated during the five-year period beginning on October 1, 1990, to continue for not more than 180 days after the date of such separation to reside (along with other members of the individual’s household) in military family housing provided or leased by the Department of Defense to such individual as a member of the armed forces. “(b) Rental Charges.— The Secretary concerned, pursuant to such regulations, shall require a reasonable rental charge for the continued use of military family housing under subsection (a), except that such Secretary may waive all or any portion of such charge in any case of hardship. “§ 1148. Relocation assistance for personnel overseas “The Secretary of Defense shall develop a program specifically to assist members of the armed forces stationed overseas who are preparing for discharge or release from active duty, and the dependents of such members, in readjusting to civilian life. The program shall focus on the special needs and requirements of such members and dependents due to their overseas locations and shall include, to the maximum extent possible, computerized job relocation assistance and job search information. “§ 1149. Excess leave and permissive temporary duty “Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall grant a member of the armed forces who is to be involuntarily separated such excess leave (for a period not in excess of 30 days), or such permissive temporary duty (for a period not in excess of 10 days), as the member requires in order to facilitate the member’s carrying out necessary relocation activities (such as job search and residence search activities), unless to do so would interfere with military missions. “§ 1150. Affiliation with Guard and Reserve units: waiver of certain limitations “(a) Preference for Certain Persons.— A person who is involuntarily separated from the armed forces during the five-year period beginning on October 1, 1990, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies. “(b) Limited Waiver of Strength Limitations.— Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.”.

2. 1993

   Pub. L. 103–160 div. A title V § 503 · 107 Stat. 1547

   Inserted · 10 U.S.C. § 1141

   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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   SEC. 503. MEMBERS ELIGIBILE FOR INVOLUNTARY SEPARATION BENEFITS. Section 1141 of title 10, United States Code, is amended by inserting “or on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994” after “September 30, 1990,”.

3. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title V § 542(a)(1) · 108 Stat. 2663

   1. Substituted · 10 U.S.C. § 1141

      Pub. L. 103–337, in introductory provisions, substituted “armed forces” for “Army, Navy, Air Force, or Marine Corps”

   2. Substituted · 10 U.S.C. § 1141

      Pub. L. 103–337, in introductory provisions, substituted “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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) Section 1141 is amended in the matter preceding paragraph (1)— (A) by striking out “Army, Navy, Air Force, or Marine Corps” and inserting in lieu thereof “armed forces”; and (B) by striking out “or on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994” and inserting in lieu thereof “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,”.

   Effective date note
   Pub. L. 103–337, div. A, title V, § 542(e), Oct. 5, 1994, 108 Stat. 2769, 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.”

4. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 div. A title XVII § 1722(i)(1) · 137 Stat. 136

   Added · 10 U.S.C. § 1141(5); 10 U.S.C. § 1141(6)

   Pub. L. 118–31 added pars. (5) and (6)

   Source evidence

   Code amendment note
   Pars. (5), (6). Pub. L. 118–31 added pars. (5) and (6).

   Enacted provision · exact public law section
   (1) Eligibility for certain benefits and services.— Section 1141 of such title is amended— (A) by striking “and” at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: “(5) in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and “(6) in the case of an enlisted member of the Space Force, the member is— “(A) denied reenlistment; or “(B) involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force.” .

5 of 5 references resolved to an enrolled provision