10 U.S.C. § 1174a — Special separation benefits programs

be released from active duty^* or full-time National Guard duty^* or discharged, as the case may be; and

be entitled to—

has not been approved for payment of a voluntary separation incentive under section 1175 of this title;

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;

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;

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

meets such other requirements as the Secretary may prescribe, which may include requirements relating to—

A regular officer^* or warrant officer^* of an armed force.

A regular enlisted member^* of an armed force.

A member of an armed force other than a regular member.

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.

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.

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.

In order to be separated under a program established pursuant to this section—

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.

Except as provided in paragraph (2), the Secretary concerned may not conduct a program pursuant to this section after December 31, 2001.

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.