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10 U.S.C. § 771a — Disposition on discharge

submitted 58 years ago by Pub. L. 90-235 to r/title-10-ARMED-FORCES · 248 words · no verdicts yet

in plain englishAI-generated · not legal advice

When an enlisted service member is discharged, issued outer uniform items generally stay with the military. The section provides different rules for certain discharges, National Guard members released from Federal service, clothing, and limited immediate-needs payments.

(a) Except as provided in subsections (b) and (c), when an enlisted member of an armed force is discharged, the outer uniform items in the member's possession that were issued to the member must be kept for military use. This does not include items the member may wear while traveling from the discharge place to home under section 772(d) of this title.

(b) When an enlisted member is discharged for bad conduct, undesirability, unsuitability, inaptitude, or for a reason other than honorably—

(1) the outer uniform items in the member's possession must be kept for military use;

(2) under rules set by the Secretary concerned, the member may be issued a civilian suit and, when necessary, an overcoat. Together, they may cost no more than $30; and

(3) if the member would otherwise have no money for immediate needs, the member may be paid an amount set by the Secretary concerned, but no more than $25.

(c) When an enlisted Army National Guard or Air National Guard member who was called into Federal service is released from that service, the member's outer uniform items must be accounted for as property issued to the relevant Guard—the Army National Guard or Air National Guard of the State, territory, Puerto Rico, or District of Columbia of which the member is a member—as section 708 of title 32 prescribes.

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

Except as provided in subsections (b) and (c), when an enlisted member of an armed force is discharged, the exterior articles of uniform in his possession that were issued to him, other than those that he may wear from the place of discharge to his home under section 772(d) of this title, shall be retained for military use.

(b)

When an enlisted member of an armed force is discharged for bad conduct, undesirability, unsuitability, inaptitude, or otherwise than honorably—

(1)

the exterior articles of uniform in his possession shall be retained for military use;

(2)

under such regulations as the Secretary concerned prescribes, a suit of civilian clothing and an overcoat when necessary, both to cost not more than $30, may be issued to him; and

(3)

if he would be otherwise without funds to meet his immediate needs, he may be paid an amount, fixed by the Secretary concerned, of not more than $25.

(c)

When an enlisted member of the Army National Guard or the Air National Guard who has been called into Federal service is released from that service, the exterior articles of uniform in his possession shall be accounted for as property issued to the Army National Guard or the Air National Guard, as the case may be, of the State or territory, Puerto Rico, or the District of Columbia of whose Army National Guard or Air National Guard he is a member, as prescribed in section 708 of title 32.

Source credit: (Added Pub. L. 90–235, § 8(1)(A), Jan. 2, 1968, 81 Stat. 763; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-235 · 81 Stat. 763
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 2059

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-235 on 1968-01-02.

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