§1146 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must make rules so a service member who was involuntarily separated from active duty between October 1, 2007, and December 31, 2018 can keep using commissary and exchange stores like an active-duty member for two years after separation. The Secretary must do the same for Selected Reserve members involuntarily separated for force-shaping during that same period. The appropriate Secretary must apply these rules to Coast Guard members; for Selected Reserve separations, that applies only when the Coast Guard is not operating as a service in the Navy. A member who receives a sole survivorship discharge gets two years of the same access to commissary, exchanges, and MWR facilities starting on the later of their separation date or the date they are first told they qualify. The Secretary of Defense may also allow emergency response providers (as defined in the Homeland Security Act of 2002) to use mobile commissary or exchange stores sent to areas under a Stafford Act disaster or emergency declaration.

Title 10, §1146

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense shall prescribe regulations to allow a member of the armed forces who is involuntarily separated from active duty during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period.

(b)The Secretary of Defense shall prescribe regulations to allow a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve as a result of the exercise of the force shaping authority of the Secretary concerned under section 647 of this title or other force shaping authority during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period when the Coast Guard is not operating as a service in the Navy.

(c)A member of the armed forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to continue to use commissary and exchange stores and morale, welfare, and recreational facilities in the same manner as a member on active duty during the two-year period beginning on the later of the following dates:

(1)The date of the separation of the member.

(2)The date on which the member is first notified of the member’s entitlement to benefits under this section.

(d)The Secretary of Defense may prescribe regulations to allow an emergency response provider (as that term is defined in section 2 of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101)) to use a mobile commissary or exchange store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (d). Pub. L. 116–283 added subsec. (d). 2013—Subsec. (a). Pub. L. 112–239, § 631(a)(1), (b)(1), substituted “2018” for “2012” and “The Secretary concerned” for “The Secretary of Transportation”. Subsec. (b). Pub. L. 112–239, § 1076(f)(16), inserted “when the Coast Guard is not operating as a service in the Navy” before period at end. Pub. L. 112–239, § 631(a)(2), (b)(2), substituted “2018” for “2012” and “The Secretary concerned” for “The Secretary of Homeland Security”. 2011—Subsec. (a). Pub. L. 111–383, § 1075(b)(16)(A), struck out “(a) Benefits for Members Involuntarily Separated.—” before “The Secretary”. Subsec. (b). Pub. L. 111–383, § 1075(b)(16)(B), redesignated subsec. (b) relating to benefits for members receiving sole survivorship discharge as (c). Subsec. (c). Pub. L. 111–383, § 1075(b)(16)(B), (C), redesignated subsec. (b) relating to benefits for members receiving sole survivorship discharge as (c), struck out “Benefits for” before “Members” in heading, and substituted “armed forces” for “Armed Forces” in introductory provisions and “the member’s entitlement” for “the members entitlement” in par. (2). 2008—Pub. L. 110–317 substituted “(a) Benefits for Members Involuntarily Separated.—The Secretary of Defense” for “The Secretary of Defense” and added subsec. (b) relating to benefits for members receiving sole survivorship discharge. Pub. L. 110–181 inserted “(a) Members Involuntarily Separated From Active Duty.—” before “The Secretary of Defense”, substituted “

October 1, 2007, and ending on

December 31, 2012” for “

October 1, 1990, and ending on

December 31, 2001” in first sentence and “the same period” for “the period beginning on

October 1, 1994, and ending on

December 31, 2001” in second sentence, and added subsec. (b) relating to members involuntarily separated from the Selected Reserve. 2000—Pub. L. 106–398 substituted “

December 31, 2001” for “

September 30, 2001” in two places. 1998—Pub. L. 105–261 substituted “during the period beginning on

October 1, 1990, and ending on

September 30, 2001” for “during the nine-year period beginning on

October 1, 1990” and “during the period beginning on

October 1, 1994, and ending on

September 30, 2001” for “during the five-year period beginning on

October 1, 1994”. 1994—Pub. L. 103–337 inserted at end “The Secretary of Transportation shall implement this provision for Coast Guard members involuntarily separated during the five-year period beginning

October 1, 1994.” 1993—Pub. L. 103–160 substituted “nine-year period” for “five-year period”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

Effective Date

of 1994 AmendmentAmendment 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.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1146 Commissary and exchange benefits

Summary

Title 10, §1146

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Transfer of Functions

Citations & Metadata