§ 1171. Regular enlisted members: early discharge

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. 1968

   Pub. L. 90–235 § 3(a)(1)(A) · 81 Stat. 753

   Enacted · 10 U.S.C. § 1171

   Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757

   Source evidence

   Code source credit
   Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757

   Enacted provision · exact public law section
   (A) by adding the following new sections at the end thereof: “§ 1169. Regular enlisted members: limitations on discharge “No regular enlisted member of an armed force may be discharged before his term of service expires, except— “(1) as prescribed by the Secretary concerned; “(2) by sentence of a general or special court martial; or “(3) as otherwise provided by law. “§ 1170. Regular enlisted members: minority discharge “Upon application by the parents or guardian of a regular enlisted member of an armed force to the Secretary concerned within 90 days after the member’s enlistment, the member shall be discharged for his own convenience, with the pay and form of discharge certificate to which his service entitles him, if— “(1) there is evidence satisfactory to the Secretary concerned that the member is under eighteen years of age; and “(2) the member enlisted without the written consent of his parent or guardian. “§ 1171. Regular enlisted members: early discharge “Under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within three months before the expiration of the term of his enlistment or extended enlistment. A discharge under this section does not affect any right, privilege, or benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served. “§ 1172. Enlisted members: during war or emergency; discharge “A person enlisted under section 518 of this title may be discharged Ante, p. 755. at any time by the President, or otherwise according to law.”; and

2. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title V § 525 · 125 Stat. 1298

   Substituted · 10 U.S.C. § 1171

   Pub. L. 112–81 substituted “within one year” for “within three months”

   Source evidence

   Code amendment note
   Pub. L. 112–81 substituted “within one year” for “within three months”.

   Enacted provision · exact public law section
   SEC. 525. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED BY EARLY DISCHARGE AUTHORITY.   Section 1171 of title 10, United States Code, is amended by striking “within three months” and inserting “within one year”.

2 of 2 references resolved to an enrolled provision