2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 59 - SEPARATION (§§ 1161 - 1178)
Section 1168 - Discharge or release from active duty: limitations
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 59 - SEPARATION Sec. 1168 - Discharge or release from active duty: limitations |
| Contains | section 1168 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 87-651, title I, §106(b), Sept. 7, 1962, 76 Stat. 508; amended Pub. L. 101-189, div. A, title XVI, §1621(a)(4), Nov. 29, 1989, 103 Stat. 1603. |
| Statutes at Large References | 76 Stat. 508 103 Stat. 1603 122 Stat. 139 |
| Public Law References | Public Law 87-651, Public Law 101-189, Public Law 110-181 |
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(a) A member of an armed force may not be discharged or released from active duty until his discharge certificate or certificate of release from active duty, respectively, and his final pay or a substantial part of that pay, are ready for delivery to him or his next of kin or legal representative.
(b) This section does not prevent the immediate transfer of a member to a facility of the Department of Veterans Affairs for necessary hospital care.
(Added Pub. L. 87–651, title I, §106(b), Sept. 7, 1962, 76 Stat. 508; amended Pub. L. 101–189, div. A, title XVI, §1621(a)(4), Nov. 29, 1989, 103 Stat. 1603.)
HISTORICAL AND REVISION NOTESThe new section 1168 of title 10 is transferred from section 1218(a) and (c) of title 10 as being more appropriate in the chapter on separation.
AMENDMENTS1989—Subsec. (b). Pub. L. 101–189 substituted "facility of the Department of Veterans Affairs" for "Veterans' Administration facility".
MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214)Pub. L. 110–181, div. A, title V, §596, Jan. 28, 2008, 122 Stat. 139, provided that: "The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) in order to permit a member of the Armed Forces, upon discharge or release from active duty in the Armed Forces, to elect that the DD–214 issued with regard to the member be forwarded to the following:
"(1) The Central Office of the Department of Veterans Affairs in the District of Columbia.
"(2) The appropriate office of the Department of Veterans Affairs for the State or other locality in which the member will first reside after such discharge or release."
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