10 U.S.C. § 1174a
1See References in Text note below.
10 U.S.C. § 1174a
EDITORIAL NOTES
REFERENCES IN TEXTSection 503(c) of the National Defense Authorization Act for Fiscal Year 1991, referred to in subsec. (b)(2)(B), is section 503(c) of Pub. L. 101-510, div. A, title V, Nov. 5, 1990, 104 Stat. 1558, which was formerly set out as a note under section 476 of Title 37, Pay and Allowances of the Uniformed Services, prior to transfer and is now set out as a note under section 453 of Title 37.
AMENDMENTS2022-Subsec. (b)(2)(B). Pub. L. 117-263 substituted "sections 452 and 453(c)" for "sections 474 and 476". 2013-Subsec. (b)(2)(B). Pub. L. 112-239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112-81, §631(f)(4)(A) . See 2011 Amendment note below. 2011-Subsec. (b)(2)(B). Pub. L. 112-81, §631(f)(4)(A), as amended by Pub. L. 112-239, §1076(a)(9), substituted "474" for "404" and substituted "476" for "406" in two places.2000-Subsec. (h)(1). Pub. L. 106-398 substituted "December 31, 2001" for "September 30, 2001". 1998-Subsec. (h)(1). Pub. L. 105-261 substituted "September 30, 2001" for "September 30, 1999". 1994-Subsec. (a). Pub. L. 103-337, §542(b)(1), substituted "concerned" for "of each military department". Subsec. (d). Pub. L. 103-337, §542(b)(2), substituted "concerned" for "of a military department".Subsec. (e)(3). Pub. L. 103-337, §542(b)(3), struck out "of the military department" after "Secretary".Subsec. (h). Pub. L. 103-337, §542(b)(4), substituted "concerned" for "of a military department". 1993-Subsec. (c)(2). Pub. L. 103-160, §502, struck out "before December 5, 1991" after "6 years".Subsec. (c)(3). Pub. L. 103-35, §202(a) (17)(A), made technical amendment to directory language of Pub. L. 102-484, §4422(a)(3) . See 1992 Amendment note below.Subsec. (c)(4). Pub. L. 103-35, §202(a) (17)(B), made technical amendment to directory language of Pub. L. 102-484, §4422(a)(4) . See 1992 Amendment note below. Subsec. (h)(1). Pub. L. 103-160, §561(g), substituted "September 30, 1999" for "September 30, 1995".1992-Subsec. (b)(1). Pub. L. 102-484, §4422(a)(1), inserted "or full-time National Guard duty" after "active duty".Subsec. (b)(2)(B). Pub. L. 102-484, §4405(a), inserted ",sections 404 and 406 of title 37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; 37 U.S.C. 406 note)" after "chapter 58 of this title".Subsec. (c)(2). Pub. L. 102-484, §§1052 (15), 4422(a)(2), substituted "December 5, 1991" for "the date of the enactment of this section" and inserted "or full-time National Guard duty or any combination of active duty and full-time National Guard duty" after "active duty".Subsec. (c)(3). Pub. L. 102-484, §4422(a)(3), as amended by Pub. L. 103-35, §202(a) (17)(A), inserted "or full-time National Guard duty or any combination of active duty and full-time National Guard duty" after "active duty".Subsec. (c)(4). Pub. L. 102-484, §4422(a)(4), as amended by Pub. L. 103-35, §202(a) (17)(B), inserted "and" after semicolon at end and "or full-time National Guard duty or any combination of active duty and full-time National Guard duty" after "active duty" the first place it appeared. Subsec. (c)(5), (6). Pub. L. 102-484, §4424(a)(5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: "if a Reserve, is on an active duty list; and".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112-239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112-81 as enacted.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103-337, set out as a note under section 1141 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-35 applicable as if included in the enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35, set out as a note under section 155 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-484, div. A, title XLIV, §4405(c), Oct. 23, 1992, 106 Stat. 2706, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1175 of this title] shall apply as if included in sections 1174a and 1175 of title 10, United States Code, as enacted on December 5, 1991, but any benefits or services payable by reason of the applicability of the provisions of those amendments during the period beginning on December 5, 1991, and ending on the date of the enactment of this Act [Oct. 23, 1992] shall be subject to the availability of appropriations."
REMEDY FOR INEFFECTIVE COUNSELING OF OFFICERS DISCHARGED FOLLOWING SELECTION BY EARLY DISCHARGE BOARDS Pub. L. 103-160, div. A, title V, §507, Nov. 30, 1993, 107 Stat. 1646, as amended by Pub. L. 103-337, div. A, title X, §1070(b)(1), Oct. 5, 1994, 108 Stat. 2856, provided that: "(a) PROCEDURE FOR REVIEW.-(1) The Secretary of each military department shall establish a procedure for the review of the individual circumstances of an officer described in paragraph (2) who is discharged, or who the Secretary concerned approves for discharge, following the report of a selection board convened by the Secretary to select officers for separation. The procedure established by the Secretary of a military department under this section shall provide that each review under that procedure be carried out by the Board for the Correction of Military Records of that military department."(2) This section applies in the case of any officer (including a warrant officer) who, having been offered the opportunity to be discharged or otherwise separated from active duty through the programs provided under section 1174a and 1175 of title 10, United States Code-"(A) elected not to accept such discharge or separation; and"(B) submits an application under subsection (b) during the two-year period beginning on the later of the date of the enactment of this Act [Nov. 30, 1993] and the date of such discharge or separation."(b) APPLICATION.-A review under this section shall be conducted in any case submitted to the Secretary concerned by application from the officer or former officer under regulations prescribed by the Secretary."(c) PURPOSE OF REVIEW.-(1) The review under this section shall be designed to evaluate the effectiveness of the counseling of the officer before the convening of the board to ensure that the officer was properly informed that selection for discharge or other separation from active duty was a potential result of being within the group of officers to be considered by the board and that the officer was not improperly informed that such selection in that officer's personal case was unlikely. "(2) The Board for the Correction of Military Records of a military department shall render a decision in each case under this section not later than 60 days after receipt by the Secretary concerned of an application under subsection (b)."(d) REMEDY.-Upon a finding of ineffective counseling under subsection (c), the Secretary shall provide the officer the opportunity to participate, at the officer's option, in any one of the following programs for which the officer meets all eligibility criteria:"(1) The Special Separation Benefits program under section 1174a of title 10, United States Code."(2) The Voluntary Separation Incentive program under section 1175 of such title."(3) Retirement under the authority provided by section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note). "(e) EFFECTIVE DATE.-This section shall apply with respect to officers separated after September 30, 1990."
SEPARATION PAYMENTS; REDUCTIONS AND PROHIBITIONS Pub. L. 103-335, §8106 A, Sept. 30, 1994, 108 Stat. 2645, as amended by Pub. L. 104-6, §105(a), Apr. 10, 1995, 109 Stat. 79, which provided that members who separated after Sept. 30, 1994, from active duty or full-time National Guard duty in a military department pursuant to a Special Separation Benefits program under section 1174a of this title or a Voluntary Separation Incentive program under section 1175 of this title would have their separation payments reduced by the amount of certain bonus payments and eliminated if they are rehired within 180 days by the Department of Defense in a civilian position and that civilian Department of Defense employees would not receive voluntary separation payments if rehired by a Federal agency within 180 days of separating from the Department of Defense, was from the Department of Defense Appropriations Act, 1995, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation act: Pub. L. 103-139, §8127, Nov. 11, 1993, 107 Stat. 1469.
COMMENCEMENT OF PROGRAM Pub. L. 102-190, div. A, title VI, §661(b), Dec. 5, 1991, 105 Stat. 1395, provided that: "The Secretary of each military department shall commence the program required by section 1174a of title 10, United States Code (as added by subsection (a)), not later than 60 days after the date of the enactment of this Act [Dec. 5, 1991]."
REPORT ON PROGRAMS Pub. L. 102-190, div. A, title VI, §663, Dec. 5, 1991, 105 Stat. 1399, directed Secretary, not later than 180 days after Dec. 5, 1991, to submit to Congress a report containing the Secretary's assessment of effectiveness of programs established under sections 1174a and 1175 of this title.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- enlisted member
- The term "enlisted member" means a person in an enlisted grade.
- full-time National Guard duty
- The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- rank
- The term "rank" means the order of precedence among members of the armed forces.
- rating
- The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.