10 U.S.C. § 1141 — Involuntary separation defined

submitted 36 years ago by Pub. L. 101-510 to r/title-10-ARMED-FORCES · 385 words · no verdicts yet

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This section addresses involuntary separation defined. It provides the rules, duties, rights, limits, and exceptions stated in the section, including its labeled subsections and numbered provisions. A member of the armed forces must be considered to be involuntarily separated for this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990 , or after November 29, 1993 , or, about a member of t...

A member of the armed forces must be considered to be involuntarily separated for this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990 , or after November 29, 1993 , or, about a member of the Coast Guard, if the member was on active duty in the Coast Guard after September 30, 1994 , 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; (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; (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.

the actual law source: uscode.house.gov ↗public domain

A member of the armed forces 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, 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, 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;

(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;

(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.

Source credit: (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1551; amended Pub. L. 103–160, div. A, title V, § 503, Nov. 30, 1993, 107 Stat. 1644; Pub. L. 103–337, div. A, title V, § 542(a)(1), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 118–31, div. A, title XVII, § 1722(i)(1), Dec. 22, 2023, 137 Stat. 672.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-510 · 104 Stat. 1551
1993Amended · Pub. L. 103-160 · 107 Stat. 1644
1994Amended · Pub. L. 103-337 · 108 Stat. 2767
2023Amended · Pub. L. 118-31 · 137 Stat. 672

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-510 on 1990-11-05.

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