10 U.S.C. § 1174a: Special separation benefits programs

The Secretary concerned shall carry out a special separation benefits program under this section. An eligible member of the armed forces may request separation under the program. The request shall be subject to the approval of the Secretary. be released from active duty or full-time National Guard duty or discharged, as the case may be; and separation pay equal to 15 percent of the product of (i) the member’s years of active service, and (ii) 12 times the monthly basic pay to which the member is entitled at the time of his discharge or release from active duty; and the same benefits and services as are provided under chapter 58 of this title, sections 452 and 453(c) of title 37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 ( 104 Stat. 1558 ; 37 U.S.C. 476 1 note) for members of the armed forces who are involuntarily separated within the meaning of 1 See References in Text note below. section 1141 of this title . has not been approved for payment of a voluntary separation incentive under section 1175 of this title ; has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for more than 6 years; has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for not more than 20 years; has served at least 5 years of continuous active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty immediately preceding the date of the member’s separation from active duty; and years of service; skill or rating; grade or rank; and remaining period of obligated service. A regular officer or warrant officer of an armed force. A regular enlisted member of an armed force. A member of an armed force other than a regular member. Subject to paragraphs (2) and (3), the Secretary concerned may limit the applicability of a program under this section to any category of personnel defined by the Secretary in order to meet a need of the armed force under the Secretary’s jurisdiction to reduce the number of members in certain grades, the number of members who have completed a certain number of years of active service, or the number of members who possess certain military skills or are serving in designated competitive categories. Any category prescribed by the Secretary concerned for regular officers, regular enlisted members, or other members pursuant to paragraph (1) shall be consistent with the categories applicable to regular officers, regular enlisted members, or other members, respectively, under the voluntary separation incentive program under section 1175 of this title or any other program established by law or by that Secretary for the involuntary separation of such members in the administration of a reduction in force. A member of the armed forces offered a voluntary separation incentive under section 1175 of this title shall also be offered the opportunity to request separation under a program established pursuant to this section. If the Secretary concerned approves a request for separation under either such section, the member shall be separated under the authority of the section selected by such member. submit a request for separation under the program before the expiration of the member’s term of enlistment; or upon discharge at the end of such term, enter into a written agreement (pursuant to regulations prescribed by the Secretary concerned) not to request reenlistment in a regular component; and a member referred to in subsection (d)(3) eligible for separation under that program shall submit a request for separation to the Secretary concerned before the expiration of the member’s established term of active service. For purposes of this section, the entry of a member into an agreement referred to in paragraph (1)(A)(ii) under a program established pursuant to this section shall be considered a request for separation under the program. Subsections (e) through (h), other than subsection (e)(2)(A), of section 1174 of this title shall apply in the administration of programs established under this section. Except as provided in paragraph (2), the Secretary concerned may not conduct a program pursuant to this section after December 31, 2001 . No member of the armed forces may be separated under a program established pursuant to this section after the date of the termination of that program. 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. elected not to accept such discharge or separation; and submits an application under subsection (b) 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. 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. 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. 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 (b). The Special Separation Benefits program under section 1174a of title 10 , United States Code. The Voluntary Separation Incentive program under section 1175 of such title. 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). This section shall apply with respect to officers separated after September 30, 1990 .”