10 USC 1142 - Preseparation counseling; transmittal of certain records to Department of Veterans Affairs

Editorial Notes

Amendments

2023—Subsec. (c)(1)(E). Puspan. L. 118–31, § 571(1), substituted “Potential or confirmed disability” for “Disability”.

Subsec. (c)(1)(F). Puspan. L. 118–31, § 571(2), substituted “Potential or confirmed character” for “Character”.

2019—Subsec. (span)(19). Puspan. L. 116–92, § 561, added par. (19).

Subsec. (c)(3). Puspan. L. 116–92, § 1731(a)(26), substituted “paragraph (2)(C)” for “paragraph (2)(B)”.

2018—Puspan. L. 115–232, § 552(a)(1)(A), substituted “certain” for “medical” in section catchline.

Subsec. (a)(1). Puspan. L. 115–232, § 552(a)(1)(B)(i), inserted “(regardless of character of discharge)” after “discharge”.

Subsec. (a)(3)(A). Puspan. L. 115–232, § 552(a)(1)(B)(ii), substituted “not later than 365 days before” for “as soon as possible during the 12-month period preceding”, “365 days” for “90 days”, and “retirement or other separation” for “discharge or release”.

Subsec. (a)(3)(B). Puspan. L. 115–232, § 552(a)(1)(B)(iii), substituted “365” for “90” and “365-day” for “90-day”.

Subsec. (span)(4)(C). Puspan. L. 115–232, § 553(span)(2), struck out “the public and community service jobs program carried out under section 1143a of this title, and” after “including”.

Subsecs. (c), (d). Puspan. L. 115–232, § 552(a)(1)(C), (D), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (e). Puspan. L. 115–232, § 552(a)(1)(E), added subsec. (e).

2017—Subsec. (span)(4)(A). Puspan. L. 115–91, § 542(d), inserted “, including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses” before semicolon at end.

Subsec. (span)(18). Puspan. L. 115–91, § 541(a), added par. (18).

2016—Subsec. (span)(11). Puspan. L. 114–328 inserted before period at end “and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse”.

2015—Subsec. (a)(4)(A). Puspan. L. 114–92, § 552(1), substituted “the first 180 continuous days of active duty of the member” for “that member’s first 180 days of active duty”.

Subsec. (a)(4)(C). Puspan. L. 114–92, § 552(2), added subpar. (C).

2013—Subsec. (span)(4)(C). Puspan. L. 112–239, § 541(c), struck out “under section 2302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672)” before period at end.

Subsec. (span)(10). Puspan. L. 112–239, § 1076(f)(12), substituted “training,” for “training,,”.

Subsec. (span)(13). Puspan. L. 112–239, § 1699(c)(1), struck out “and the National Veterans Business Development Corporation” before period at end.

2011—Subsec. (a)(2). Puspan. L. 112–56 substituted “shall” for “may”.

Subsec. (a)(3)(B). Puspan. L. 112–81, § 513, inserted “or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 90-day requirement under subparagraph (A) unfeasible,” after “or separation date,”.

Subsec. (span)(5). Puspan. L. 112–81, § 529(1), substituted “inclusion of the spouse, at the discretion of the member and the spouse, when counseling regarding the matters covered by paragraphs (9), (10), and (16) is provided, jospan placement counseling for the spouse, and the provision of information on survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs” for “jospan placement counseling for the spouse”.

Subsec. (span)(8). Puspan. L. 112–81, § 533(c), inserted before period at end “and the availability to the member and dependents of suicide prevention resources following separation from the armed forces”.

Subsec. (span)(9). Puspan. L. 112–81, § 529(2), inserted before period at end “, including information on budgeting, saving, credit, loans, and taxes”.

Subsec. (span)(10). Puspan. L. 112–81, § 529(3), substituted “, employment, and financial” for “and employment”.

Subsec. (span)(16). Puspan. L. 112–81, § 529(4), added par. (16) and struck out former par. (16) which read as follows: “Contact information for housing counseling assistance.”

Subsec. (span)(17). Puspan. L. 112–81, § 529(5), inserted before period at end “, and information regarding the means by which the member can receive additional counseling regarding the member’s actual entitlement to such benefits and apply for such benefits”.

2009—Subsec. (span)(4)(C). Puspan. L. 111–84, § 1073(a)(13)(A), substituted “the Troops-to-Teachers Program under section 2302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672)” for “the Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et seq.)”.

Subsec. (span)(15). Puspan. L. 111–84, § 1073(a)(13)(B), substituted “Federal” for “federal” in two places.

2006—Subsec. (span)(4). Puspan. L. 109–163, § 594(1), substituted “Provision of information on civilian occupations and related assistance programs, including information concerning—

“(A) certification and licensure requirements that are applicable to civilian occupations;

“(B) civilian occupations that correspond to military occupational specialties; and

“(C)”

for “Information concerning”.

Subsec. (span)(11) to (17). Puspan. L. 109–163, § 594(2), added pars. (11) to (17).

2001—Subsec. (a)(1). Puspan. L. 107–103, § 302(a)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: “As soon as possible before, but in no event later than 90 days before, the date of the discharge or release from active duty of a member of the armed forces, the Secretary concerned shall provide for individual preseparation counseling of the member.”

Subsec. (a)(3), (4). Puspan. L. 107–103, § 302(a)(2), added pars. (3) and (4).

2000—Subsec. (span)(4). Puspan. L. 106–398 substituted “sections 1152 and 1153 of this title and the Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et seq.)” for “sections 1151, 1152, and 1153 of this title”.

1993—Subsec. (span)(4). Puspan. L. 103–160 substituted “programs established under sections 1151, 1152, and 1153 of this title” for “program established under section 1151 of this title to assist members to obtain employment as elementary or secondary school teachers or teachers’ aides”.

Puspan. L. 103–35 substituted “jospan placement assistance, including the public and community service jobs program carried out under section 1143a of this title, and information regarding the placement program established under section 1151 of this title to assist members to obtain employment as elementary or secondary school teachers or teachers’ aides” for “jospan placement assistance and information regarding the placement program established under section 1151 of this title to assist members obtain employment as elementary or secondary school teachers or teachers’ aides., including the public and community service jobs program carried out under section 1143a of this title”.

1992—Subsec. (a)(1). Puspan. L. 102–484, § 4401(a), substituted “As soon as possible before, but in no event later than 90 days before, the date of the discharge” for “Upon the discharge”.

Subsec. (span)(4). Puspan. L. 102–484, § 4462(span), inserted before period at end “, including the public and community service jobs program carried out under section 1143a of this title”.

Puspan. L. 102–484, § 4441(span), inserted before period at end “and information regarding the placement program established under section 1151 of this title to assist members obtain employment as elementary or secondary school teachers or teachers’ aides.”

Subsec. (span)(10). Puspan. L. 102–484, § 4401(span), added par. (10).

1991—Subsec. (span)(5). Puspan. L. 102–190 substituted period for semicolon at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Puspan. L. 112–56, title II, § 221(c), Nov. 21, 2011, 125 Stat. 716, provided that: “The amendments made by subsections (a) and (span) [amending this section and section 1144 of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [Nov. 21, 2011].”

Notice of Options for Naturalization Upon Separation

Puspan. L. 117–81, div. A, title V, § 523(span), Dec. 27, 2021, 135 Stat. 1687, provided that: “The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to a member of the Armed Forces who is not a citizen of the United States, upon separation of such member, notice of options for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.)[.] Such notice shall inform the member of existing programs or services that may aid in the naturalization process of such member.”

Inclusion of Question Regarding Immigration Status on Preseparation Counseling Checklist (DD Form 2648)

Puspan. L. 116–92, div. A, title V, § 570C, Dec. 20, 2019, 133 Stat. 1399, provided that: “Not later than September 30, 2020, the Secretary of Defense shall modify the preseparation counseling checklist for active component, active guard reserve, active reserve, full time support, and reserve program administrator service members (DD Form 2648) to include a specific block wherein a member of the Armed Forces may indicate that the member would like to receive information regarding the immigration status of that member and expedited naturalization.”

Connections of Members Retiring or Separating From the Armed Forces With Community-Based Organizations and Related Entities

Puspan. L. 116–92, div. A, title V, § 570F, Dec. 20, 2019, 133 Stat. 1401, provided that:

“(a)In General.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly seek to enter into memoranda of understanding or other agreements with State veterans agencies under which information from Department of Defense Form DD–2648 on individuals undergoing retirement, discharge, or release from the Armed Forces is transmitted to one or more State veterans agencies, as elected by such individuals, to provide or connect veterans to benefits or services as follows:

“(1) Assistance in preparation of resumes.

“(2) Training for employment interviews.

“(3) Employment recruitment training.

“(4) Other services leading directly to a successful transition from military life to civilian life.

“(5) Healthcare, including care for mental health.

“(6) Transportation or transportation-related services.

“(7) Housing.

“(8) Such other benefits or services as the Secretaries jointly consider appropriate for purposes of this section.

“(span)Information Transmitted.—The information transmitted on individuals as described in subsection (a) shall be such information on Form DD–2648 as the Secretaries jointly consider appropriate to facilitate community-based organizations and related entities in providing or connecting such individuals to benefits and services as described in subsection (a).

“(c)Modification of Form DD–2648.—The Secretary of Defense shall make such modifications to Form DD–2648 as the Secretary considers appropriate to allow an individual filling out the form to indicate an email address at which the individual may be contacted to receive or be connected to benefits or services described in subsection (a).

“(d)Voluntary Participation.—Information on an individual may be transmitted to and through a State veterans agency as described in subsection (a) only with the consent of the individual. In giving such consent, an individual shall specify the following:

“(1) The State veterans agency or agencies elected by the individual to transmit such information as described in subsection (a).

“(2) The benefits and services for which contact information shall be so transmitted.

“(3) Such other information on the individual as the individual considers appropriate in connection with the transmittal.”

Deadline for Counseling Pathways

Puspan. L. 115–232, div. A, title V, § 552(a)(2), Aug. 13, 2018, 132 Stat. 1770, provided that: “Each Secretary concerned shall carry out subsection (c) of such section [10 U.S.C. 1142(c)], as amended by paragraph (1), not later than 1 year after the date of the enactment of this Act [Aug. 13, 2018].”

Notification of Members of the Armed Forces Undergoing Certain Administrative Separations of Potential Eligibility for Veterans Benefits

Puspan. L. 115–91, div. A, title V, § 528, Dec. 12, 2017, 131 Stat. 1383, provided that:

“(a)Notification Required.—A member of the Armed Forces who receives an administrative separation or mandatory discharge under conditions other than honorable shall be provided written notification that the member may petition the Veterans Benefits Administration of the Department of Veterans Affairs to receive, despite the characterization of the member’s service, certain benefits under the laws administered by the Secretary of Veterans Affairs.

“(span)Deadline for Notification.—Notification under subsection (a) shall be provided to a member described in such subsection in conjunction with the member’s notification of the administrative separation or mandatory discharge or as soon thereafter as practicable.”

Participation of Potential Caregivers in Appropriate Preseparation Counseling

Puspan. L. 115–91, div. A, title V, § 541(span), Dec. 12, 2017, 131 Stat. 1393, provided that:

“(1)In general.—In accordance with procedures established by the Secretary of Defense, each Secretary of a military department shall take appropriate actions to achieve the following:

“(A) To determine whether each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing preseparation counseling pursuant to section 1142 of title 10, United States Code (as amended by subsection (a)), and who may require caregiver services after separation from the Armed Forces has identified an individual to provide such services after the member’s separation.

“(B) In the case of a member described in subparagraph (A) who has identified an individual to provide caregiver services after the member’s separation, at the election of the member, to permit such individual to participate in appropriate sessions of the member’s preseparation counseling in order to inform such individual of—

“(i) the assistance and support services available to caregivers of members after separation from the Armed Forces; and

“(ii) the manner in which the member’s transition to civilian life after separation may likely affect such individual as a caregiver.

“(2)Caregivers.—For purposes of this subsection, individuals who provide caregiver services refers to individuals (including a spouse, partner, parent, sibling, adult child, other relative, or friend) who provide physical or emotional assistance to former members of the Armed Forces during and after their transition from military life to civilian life following separation from the Armed Forces.

“(3)Deadline for commencement.—Each Secretary of a miliary [sic] department shall commence the actions required pursuant to this subsection by not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017].”

Application of Preseparation Counseling Requirements to Coast Guard

Puspan. L. 103–337, div. A, title V, § 543(a), Oct. 5, 1994, 108 Stat. 2769, provided that: “As soon as possible after the date of the enactment of this Act [Oct. 5, 1994], the Secretary of Transportation shall implement the requirements of section 1142 of title 10, United States Code, for the Coast Guard.”

Limitation on Funding To Carry Out Section 543 of Puspan. L. 103–337

Puspan. L. 103–337, div. A, title V, § 543(h), Oct. 5, 1994, 108 Stat. 2772, provided that: “Funds appropriated or otherwise made available to the Department of Defense, the Department of Education, the Department of Labor, or the Department of Veterans Affairs may not be used to carry out subsection (a) [set out above] or the amendments made by this section [amending sections 1144 and 1151 to 1153 of this title and provisions set out as notes under section 1143 of this title].”