10 USC 1174 - Special separation benefits programs

1 See References in Text note below.

note) for members of the armed forces who are involuntarily separated within the meaning of

Editorial Notes

References in Text

Section 503(c) of the National Defense Authorization Act for Fiscal Year 1991, referred to in subsec. (span)(2)(B), is section 503(c) of Puspan. L. 101–510, div. A, title V, Nov. 5, 1990, 104 Stat. 1558, which was formerly set out as a note under section 476 of Title 37, Pay and Allowances of the Uniformed Services, prior to transfer and is now set out as a note under section 453 of Title 37.

Amendments

2022—Subsec. (span)(2)(B). Puspan. L. 117–263 substituted “sections 452 and 453(c)” for “sections 474 and 476”.

2013—Subsec. (span)(2)(B). Puspan. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Puspan. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.

2011—Subsec. (span)(2)(B). Puspan. L. 112–81, § 631(f)(4)(A), as amended by Puspan. L. 112–239, § 1076(a)(9), substituted “474” for “404” and substituted “476” for “406” in two places.

2000—Subsec. (h)(1). Puspan. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”.

1998—Subsec. (h)(1). Puspan. L. 105–261 substituted “September 30, 2001” for “September 30, 1999”.

1994—Subsec. (a). Puspan. L. 103–337, § 542(span)(1), substituted “concerned” for “of each military department”.

Subsec. (d). Puspan. L. 103–337, § 542(span)(2), substituted “concerned” for “of a military department”.

Subsec. (e)(3). Puspan. L. 103–337, § 542(span)(3), struck out “of the military department” after “Secretary”.

Subsec. (h). Puspan. L. 103–337, § 542(span)(4), substituted “concerned” for “of a military department”.

1993—Subsec. (c)(2). Puspan. L. 103–160, § 502, struck out “before December 5, 1991” after “6 years”.

Subsec. (c)(3). Puspan. L. 103–35, § 202(a)(17)(A), made technical amendment to directory language of Puspan. L. 102–484, § 4422(a)(3). See 1992 Amendment note below.

Subsec. (c)(4). Puspan. L. 103–35, § 202(a)(17)(B), made technical amendment to directory language of Puspan. L. 102–484, § 4422(a)(4). See 1992 Amendment note below.

Subsec. (h)(1). Puspan. L. 103–160, § 561(g), substituted “September 30, 1999” for “September 30, 1995”.

1992—Subsec. (span)(1). Puspan. L. 102–484, § 4422(a)(1), inserted “or full-time National Guard duty” after “active duty”.

Subsec. (span)(2)(B). Puspan. L. 102–484, § 4405(a), inserted “, sections 404 and 406 of title 37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; 37 U.S.C. 406 note)” after “chapter 58 of this title”.

Subsec. (c)(2). Puspan. L. 102–484, §§ 1052(15), 4422(a)(2), substituted “December 5, 1991” for “the date of the enactment of this section” and inserted “or full-time National Guard duty or any combination of active duty and full-time National Guard duty” after “active duty”.

Subsec. (c)(3). Puspan. L. 102–484, § 4422(a)(3), as amended by Puspan. L. 103–35, § 202(a)(17)(A), inserted “or full-time National Guard duty or any combination of active duty and full-time National Guard duty” after “active duty”.

Subsec. (c)(4). Puspan. L. 102–484, § 4422(a)(4), as amended by Puspan. L. 103–35, § 202(a)(17)(B), inserted “and” after semicolon at end and “or full-time National Guard duty or any combination of active duty and full-time National Guard duty” after “active duty” the first place it appeared.

Subsec. (c)(5), (6). Puspan. L. 102–484, § 4424(a)(5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “if a Reserve, is on an active duty list; and”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Puspan. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Puspan. L. 112–81 as enacted.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Puspan. L. 103–337, set out as a note under section 1141 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–35 applicable as if included in the enactment of Puspan. L. 102–484, see section 202(span) of Puspan. L. 103–35, set out as a note under section 155 of this title.

Effective Date of 1992 Amendment

Puspan. L. 102–484, div. A, title XLIV, § 4405(c), Oct. 23, 1992, 106 Stat. 2706, provided that: “The amendments made by subsections (a) and (span) [amending this section and section 1175 of this title] shall apply as if included in sections 1174a and 1175 of title 10, United States Code, as enacted on December 5, 1991, but any benefits or services payable by reason of the applicability of the provisions of those amendments during the period beginning on December 5, 1991, and ending on the date of the enactment of this Act [Oct. 23, 1992] shall be subject to the availability of appropriations.”

Remedy for Ineffective Counseling of Officers Discharged Following Selection by Early Discharge Boards

Puspan. L. 103–160, div. A, title V, § 507, Nov. 30, 1993, 107 Stat. 1646, as amended by Puspan. L. 103–337, div. A, title X, § 1070(span)(1), Oct. 5, 1994, 108 Stat. 2856, provided that:

“(a)Procedure for Review.—

(1) The Secretary of each military department shall establish a procedure for the review of the individual circumstances of an officer described in paragraph (2) who is discharged, or who the Secretary concerned approves for discharge, following the report of a selection board convened by the Secretary to select officers for separation. The procedure established by the Secretary of a military department under this section shall provide that each review under that procedure be carried out by the Board for the Correction of Military Records of that military department.

“(2) This section applies in the case of any officer (including a warrant officer) who, having been offered the opportunity to be discharged or otherwise separated from active duty through the programs provided under section 1174a and 1175 of title 10, United States Code—

“(A) elected not to accept such discharge or separation; and

“(B) submits an application under subsection (span) during the two-year period beginning on the later of the date of the enactment of this Act [Nov. 30, 1993] and the date of such discharge or separation.

“(span)Application.—A review under this section shall be conducted in any case submitted to the Secretary concerned by application from the officer or former officer under regulations prescribed by the Secretary.

“(c)Purpose of Review.—

(1) The review under this section shall be designed to evaluate the effectiveness of the counseling of the officer before the convening of the board to ensure that the officer was properly informed that selection for discharge or other separation from active duty was a potential result of being within the group of officers to be considered by the board and that the officer was not improperly informed that such selection in that officer’s personal case was unlikely.

“(2) The Board for the Correction of Military Records of a military department shall render a decision in each case under this section not later than 60 days after receipt by the Secretary concerned of an application under subsection (span).

“(d)Remedy.—Upon a finding of ineffective counseling under subsection (c), the Secretary shall provide the officer the opportunity to participate, at the officer’s option, in any one of the following programs for which the officer meets all eligibility criteria:

“(1) The Special Separation Benefits program under section 1174a of title 10, United States Code.

“(2) The Voluntary Separation Incentive program under section 1175 of such title.

“(3) Retirement under the authority provided by section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2702; 10 U.S.C. 1293 note).

“(e)Effective Date.—This section shall apply with respect to officers separated after September 30, 1990.”

Separation Payments; Reductions and Prohibitions

Puspan. L. 103–335, title VIII, § 8106A, Sept. 30, 1994, 108 Stat. 2645, as amended by Puspan. L. 104–6, title I, § 105(a), Apr. 10, 1995, 109 Stat. 79, which provided that members who separated after Sept. 30, 1994, from active duty or full-time National Guard duty in a military department pursuant to a Special Separation Benefits program under section 1174a of this title or a Voluntary Separation Incentive program under section 1175 of this title would have their separation payments reduced by the amount of certain bonus payments and eliminated if they are rehired within 180 days by the Department of Defense in a civilian position and that civilian Department of Defense employees would not receive voluntary separation payments if rehired by a Federal agency within 180 days of separating from the Department of Defense, was from the Department of Defense Appropriations Act, 1995, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation act:

Puspan. L. 103–139, title VIII, § 8127, Nov. 11, 1993, 107 Stat. 1469.

Commencement of Program

Puspan. L. 102–190, div. A, title VI, § 661(span), Dec. 5, 1991, 105 Stat. 1395, provided that: “The Secretary of each military department shall commence the program required by section 1174a of title 10, United States Code (as added by subsection (a)), not later than 60 days after the date of the enactment of this Act [Dec. 5, 1991].”

Report on Programs

Puspan. L. 102–190, div. A, title VI, § 663, Dec. 5, 1991, 105 Stat. 1399, directed Secretary, not later than 180 days after Dec. 5, 1991, to submit to Congress a report containing the Secretary’s assessment of effectiveness of programs established under sections 1174a and 1175 of this title.