10 U.S.C. § 1174
Separation pay upon involuntary discharge or release from active duty
United States · Title 10 — ARMED FORCES · Status: effective
Cite this
- Citation
- 10 U.S.C. § 1174, Separation pay upon involuntary discharge or release from active duty, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/433296
- Permanent ID
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Full text
Except as provided in paragraphs (2) and (3), a member of an armed force other than a regular member who is discharged or released from active duty and who has completed six or more, but fewer than 20, years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary concerned, if—
In the case of an officer who is subject to discharge or release from active duty under a law or regulation requiring that an officer who has failed of selection for promotion to the next higher grade for the second time be discharged or released from active duty and who, after such second failure of selection for promotion, is selected for, and declines, continuation on active duty—
The amount of separation pay which may be paid to a member under this section is—
A member who is discharged or released from active duty is not eligible for separation pay under this section if the member—
In this subsection, the term “sole survivorship discharge” means the separation of a member from the armed forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which—
the father or mother or one or more siblings—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- An act to amend title 10, United States Code, to revise and standardize the provisions of law relating to appointment, promotion, separation, and mandatory retirement of regular commissioned officers of the Army, Navy, Air Force, and Marine Corps, to establish the permanent grade of commodore admiral in the Navy, to equalize the treatment of female commissioned officers with that of male commissioned officers, and for other purposes.House: no recorded tallySenate: no recorded tally
- Defense Officer Personnel Management Act Technical Corrections ActHouse: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1984House: no recorded tallySenate: no recorded tally
- Marine Sanctuaries Amendments of 1983House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Years 1990 and 1991House: no recorded tallySenate: 91–8
- National Defense Authorization Act for Fiscal Year 1991
- National Defense Authorization Act for Fiscal Years 1992 and 1993
- National Defense Authorization Act for Fiscal Year 1994
- National Defense Authorization Act for Fiscal Year 1995
- National Defense Authorization Act for Fiscal Year 1997
- National Defense Authorization Act for Fiscal Year 1998
- Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
- Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
- Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005House: 359–14Senate: no recorded tally
- Hubbard ActHouse: no recorded tallySenate: no recorded tally
- Supplemental Appropriations Act, 2009
- Ike Skelton National Defense Authorization Act for Fiscal Year 2011House: 341–48Senate: no recorded tally
- John S. McCain National Defense Authorization Act for Fiscal Year 2019
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- National Defense Authorization Act for Fiscal Year 2024