§1141 — Title 10 Armed Forces | U.S. Code

Summary

A service member is treated as involuntarily separated for this chapter if they were on active duty or full-time National Guard duty on September 30, 1990, or after November 29, 1993. For Coast Guard members, it applies to active duty after September 30, 1994. It covers six situations for officers and enlisted members. In short, it applies when a regular or reserve member (including those on certain full-time duty to organize, run, recruit, teach, or train reserve forces) is denied reenlistment, involuntarily discharged, or released from duty under conditions the Secretary says are not “adverse.” For Space Force cases, the Secretary of the Air Force makes that determination. Releases that are part of a transfer to retired status are excluded.

Title 10, §1141

Armed Forces — Source: USLM XML via OLRC

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)

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Pars. (5), (6). Pub. L. 118–31 added pars. (5) and (6). 1994—Pub. L. 103–337, in introductory provisions, substituted “armed forces” for “Army, Navy, Air Force, or Marine Corps” and “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,” for “or on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994”. 1993—Pub. L. 103–160 inserted “or on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994” after “

September 30, 1990,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 Amendment Pub. L. 103–337, div. A, title V, § 542(e), Oct. 5, 1994, 108 Stat. 2769, provided that: “This section [amending this section and section 1143, 1143a, 1145 to 1150, 1174a, and 1175 of this title and enacting provisions set out as a note under section 1293 of this title] and the

Amendments

made by this section shall apply only to members of the Coast Guard who are separated after September 30, 1994.”

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.

§1141 Involuntary Separation Defined

Summary

Title 10, §1141

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Transfer of Functions

Citations & Metadata