Federal · Title 10 — Armed Forces

10 U.S.C. § 1218: Discharge or release from active duty: claims for compensation, pension, or hospitalization

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has made a claim for compensation, pension, or hospitalization, to be filed with the Department of Veterans Affairs, or has refused to make such a claim; or has signed a statement that his right to make such a claim has been explained to him, or has refused to sign such a statement. A right that a member may assert after failing or refusing to sign a claim, as provided in subsection (a), is not affected by that failure or refusal. This section does not prevent the immediate transfer of a member to a facility of the Department of Veterans Affairs for necessary hospital care. cleared by appropriate authorities for continuation on active duty; or separated, retired, or placed on the temporary disability retired list or inactive status list. A member described in paragraph (1) may request termination of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member. Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released from active duty after the member receives counseling about the consequences of termination of active duty. Each release from active duty under subparagraph (B) shall be thoroughly documented. The requirements in paragraph (1) shall expire on October 28, 2014 .

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