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 1176 - Enlisted members: retention after completion of 18 or more, but less than 20, years of service
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. 1176 - Enlisted members: retention after completion of 18 or more, but less than 20, years of service |
Contains | section 1176 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 102-484, div. A, title V, §541(a), Oct. 23, 1992, 106 Stat. 2412; amended Pub. L. 103-160, div. A, title V, §562(a), Nov. 30, 1993, 107 Stat. 1669; Pub. L. 104-106, div. A, title XV, §1501(c)(12), Feb. 10, 1996, 110 Stat. 499. |
Statutes at Large References | 106 Stat. 2412 107 Stat. 1669 110 Stat. 499, 498 |
Public Law References | Public Law 102-484, Public Law 103-160, Public Law 103-337, Public Law 104-106 |
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(a)
(b)
(1) If as of the date on which the member is to be discharged or transferred from an active status the member has at least 18, but less than 19, years of service computed under section 12732 of this title—
(A) the date on which the member is entitled to be credited with 20 years of service computed under section 12732 of this title; or
(B) the third anniversary of the date on which the member would otherwise be discharged or transferred from an active status.
(2) If as of the date on which the member is to be discharged or transferred from an active status the member has at least 19, but less than 20, years of service computed under section 12732 of this title—
(A) the date on which the member is entitled to be credited with 20 years of service computed under section 12732 of this title; or
(B) the second anniversary of the date on which the member would otherwise be discharged or transferred from an active status.
(Added Pub. L. 102–484, div. A, title V, §541(a), Oct. 23, 1992, 106 Stat. 2412; amended Pub. L. 103–160, div. A, title V, §562(a), Nov. 30, 1993, 107 Stat. 1669; Pub. L. 104–106, div. A, title XV, §1501(c)(12), Feb. 10, 1996, 110 Stat. 499.)
AMENDMENTS1996—Subsec. (b). Pub. L. 104–106 substituted "section 12732" for "section 1332" wherever appearing.
1993—Subsec. (b). Pub. L. 103–160 added subsec. (b) and struck out heading and text of former subsec. (b) which provided that a reserve enlisted member serving on active duty who was selected to be involuntarily separated, or whose term of enlistment expired and who was denied reenlistment, and who on the date on which the member was to be discharged or released from active duty was entitled to be credited with at least 18 but less than 20 years of service computed under section 1332 of this title, could not be discharged or released from active duty without the member's consent before the earlier of certain dates.
EFFECTIVE DATE OF 1996 AMENDMENTPub. L. 104–106, div. A, title XV, §1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
EFFECTIVE DATE OF 1993 AMENDMENTPub. L. 103–160, div. A, title V, §562(b), Nov. 30, 1993, 107 Stat. 1669, provided that: "Subsection (b) of section 1176 of title 10, United States Code, as added by subsection (a), shall take effect as of October 23, 1992."
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