§1176 Enlisted Members: Retention After Completion of 18 or More, but Less Than 20, Years of Service

Summary

If a regular enlisted member is facing involuntary separation or is denied reenlistment, and the date they would leave shows they are within two years of being able to retire under 10 U.S.C. 7314 or 9314 or to move to the Fleet Reserve under 10 U.S.C. 8330, they must be kept on active duty until they actually become eligible for retirement or transfer, unless another law lets them be retired or discharged sooner. A reserve enlisted member on active duty who is facing involuntary separation (not for physical disability or for cause) or denied reenlistment (not for physical disability or for cause), and who would have at least 18 but less than 20 years of service under 10 U.S.C. 12732 on their discharge date, cannot be separated or moved off active duty without their consent before the earlier of these dates. If they have at least 18 but less than 19 years, the earlier of the date they reach 20 years under section 12732 or the third anniversary of their original discharge date applies. If they have at least 19 but less than 20 years, the earlier of the date they reach 20 years under section 12732 or the second anniversary of their original discharge date applies.