§ 1141. Involuntary separation defined

711 words·~3 min read·/usc/title-10/section-1141

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

(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.)

Connections39 cite this · traces to 3

Cited by 39 sections · top 29

public-private-law

U.S. Code

CFR

statute-compilations

Traces to 3 documents

public-private-law

National Defense Authorization Act for Fiscal Year 2024
Public Law 118-31

U.S. Code

11 references not yet in our index

Pub. L. 101–510, div. A, title V, § 502(a)(1)
104 Stat. 1551
Pub. L. 103–160, div. A, title V, § 503
107 Stat. 1644
Pub. L. 103–337, div. A, title V, § 542(a)(1)
108 Stat. 2767
137 Stat. 672
Pub. L. 103–337
Pub. L. 103–160
Pub. L. 103–337, div. A, title V, § 542(e)
108 Stat. 2769

Citation graph

cites case law

§ 1141

Involuntary separation defined

U.S.C.×17

Fed. Reg.×13

C.F.R.×3

Pub. L.×3

Stat. Comp.×3

Pub. L.Public Law 118-31

U.S.C.§ 1293

U.S.C.§ 542

Pub. L.Pub. L. 101–510, div. A, title V, § 502(a)(1)

Stat.104 Stat. 1551

Pub. L.Pub. L. 103–160, div. A, title V, § 503

Stat.107 Stat. 1644

Pub. L.Pub. L. 103–337, div. A, title V, § 542(a)(1)

Cites 14 · showing 8Cited by 39 across 5 sources