Contents
- (a) Regular Officers.—12 changes
- (b) Regular Enlisted Members.—1 change
- (c) Other Members.—6 changes
- (d) Amount of Separation Pay.—3 changes
- (e) Requirement for Service in Ready Reserve; Exceptions To Eligibility.—2 changes
- (f) Counting Fractional Years of Service.—2 changes
- (g) Coordination With Other Separation or Severance Pay Benefits.—2 changes
- (h) Coordination With Retired or Retainer Pay and Disability Compensation.—5 changes
- (i) Special Rule for Members Receiving Sole Survivorship Discharge.—3 changes
- (j) Regulations; Crediting of Other Commissioned Service.—1 change
(c)
(1)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—
(A)the member’s discharge or release from active duty is involuntary; or
(B)the member was not accepted for an additional tour of active duty for which he volunteered.
(2)If the Secretary concerned determines that the conditions under which a member described in paragraph (1) is discharged or separated do not warrant separation pay under this section, that member is not entitled to that pay.
(3)A member described in paragraph (1) who was not on the active-duty list when discharged or separated is not entitled to separation pay under this section unless such member had completed at least six years of continuous active duty immediately before such discharge or release. For purposes of this paragraph, a period of active duty is continuous if it is not interrupted by a break in service of more than 30 days.
(4)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—
(A)if the period of time for which the officer was selected for continuation on active duty is less than the amount of service that would be required to qualify the officer for retirement, the officer’s discharge or release from active duty shall be considered to be involuntary for purposes of paragraph (1)(A); and
(B)if the period of time for which the officer was selected for continuation on active duty is equal to or more than the amount of service that would be required to qualify the officer for retirement, the officer’s discharge or release from active duty shall not be considered to be involuntary for the purposes of paragraph (1)(A).
United States Government work; public domain under 17 U.S.C. § 105.