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Chapter 58 - Benefits and Services for Members Being - US Code

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Chapter 58 - Benefits and Services for Members Being - US CodeChap

-CITE-

     10 USC CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS

     BEING SEPARATED OR RECENTLY SEPARATED 01/03/2012 (112-90)

-EXPCITE-

     TITLE 10 - ARMED FORCES

     Subtitle A - General Military Law

     PART II - PERSONNEL

     CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

     RECENTLY SEPARATED

-HEAD-

     CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

     RECENTLY SEPARATED

-MISC1-

     Sec.

     1141. Involuntary separation defined.

     1142. Preseparation counseling; transmittal of medical

     records to Department of Veterans Affairs.

     1143. Employment assistance.

     1143a. Encouragement of postseparation public and community

     service.

     1144. Employment assistance, job training assistance, and

     other transitional services: Department of Labor.

     1145. Health benefits.

     1146. Commissary and exchange benefits.

     1147. Use of military family housing.

     1148. Relocation assistance for personnel overseas.

     1149. Excess leave and permissive temporary duty.

     1150. Affiliation with Guard and Reserve units: waiver of

     certain limitations.

     1151. Retention of assistive technology and services

     provided before separation.

     1152. Assistance to eligible members and former members to

     obtain employment with law enforcement agencies.

     1153. Assistance to separated members to obtain employment

     with health care providers.

     AMENDMENTS

     2006 - Pub. L. 109-364, div. A, title V, Sec. 561(b), Oct. 17,

     2006, 120 Stat. 2220, added item 1151.

     1999 - Pub. L. 106-65, div. A, title XVII, Sec. 1707(a)(2), Oct.

     5, 1999, 113 Stat. 823, struck out item 1151 "Assistance to

     separated members to obtain certification and employment as

     teachers or employment as teachers' aides".

     1994 - Pub. L. 103-337, div. A, title V, Sec. 542(a)(10), title

     XI, Sec. 1132(a)(2), Oct. 5, 1994, 108 Stat. 2768, 2873, struck out

     ": Department of Defense" after "assistance" in item 1143 and after

     "service" in item 1143a and substituted "eligible members and

     former members" for "separated members" in item 1152.

     1993 - Pub. L. 103-160, div. A, title XIII, Sec. 1332(e), Nov.

     30, 1993, 107 Stat. 1797, added items 1152 and 1153.

     1992 - Pub. L. 102-484, div. D, title XLIV, Secs. 4441(a)(2),

     4462(a)(2), Oct. 23, 1992, 106 Stat. 2730, 2740, added items 1143a

     and 1151.

-End-

-CITE-

     10 USC Sec. 1141 01/03/2012 (112-90)

-EXPCITE-

     TITLE 10 - ARMED FORCES

     Subtitle A - General Military Law

     PART II - PERSONNEL

     CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

     RECENTLY SEPARATED

-HEAD-

     Sec. 1141. Involuntary separation defined

-STATUTE-

     A member of the armed forces shall be considered to be

     involuntarily separated for purposes of this chapter if the member

     was on active duty or full-time National Guard duty on September

     30, 1990, or after November 29, 1993, or, with respect to a member

     of the Coast Guard, if the member was on active duty in the Coast

     Guard after September 30, 1994, and -

     (1) in the case of a regular officer (other than a retired

     officer), the officer is involuntarily discharged under other

     than adverse conditions, as characterized by the Secretary

     concerned;

     (2) in the case of a reserve officer who is on the active-duty

     list or, if not on the active-duty list, is on full-time active

     duty (or in the case of a member of the National Guard, full-time

     National Guard duty) for the purpose of organizing,

     administering, recruiting, instructing, or training the reserve

     components, the officer is involuntarily discharged or released

     from active duty or full-time National Guard (other than a

     release from active duty or full-time National Guard duty

     incident to a transfer to retired status) under other than

     adverse conditions, as characterized by the Secretary concerned;

     (3) in the case of a regular enlisted member serving on active

     duty, the member is (A) denied reenlistment, or (B) involuntarily

     discharged under other than adverse conditions, as characterized

     by the Secretary concerned; and

     (4) in the case of a reserve enlisted member who is on full-

     time active duty (or in the case of a member of the National

     Guard, full-time National Guard duty) for the purpose of

     organizing, administering, recruiting, instructing, or training

     the reserve components, the member (A) is denied reenlistment, or

     (B) is involuntarily discharged or released from active duty (or

     full-time National Guard) under other than adverse conditions, as

     characterized by the Secretary concerned.

-SOURCE-

     (Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

     1990, 104 Stat. 1551; amended Pub. L. 103-160, div. A, title V,

     Sec. 503, Nov. 30, 1993, 107 Stat. 1644; Pub. L. 103-337, div. A,

     title V, Sec. 542(a)(1), Oct. 5, 1994, 108 Stat. 2767.)

-MISC1-

     AMENDMENTS

     1994 - Pub. L. 103-337, in introductory provisions, substituted

     "armed forces" for "Army, Navy, Air Force, or Marine Corps" and "or

     after November 29, 1993, or, with respect to a member of the Coast

     Guard, if the member was on active duty in the Coast Guard after

     September 30, 1994," for "or on or after the date of the enactment

     of the National Defense Authorization Act for Fiscal Year 1994".

     1993 - Pub. L. 103-160 inserted "or on or after the date of the

     enactment of the National Defense Authorization Act for Fiscal Year

     1994" after "September 30, 1990,".

     EFFECTIVE DATE OF 1994 AMENDMENT

     Section 542(e) of Pub. L. 103-337 provided that: "This section

     [amending this section and sections 1143, 1143a, 1145 to 1150,

     1174a, and 1175 of this title and enacting provisions set out as a

     note under section 1293 of this title] and the amendments made by

     this section shall apply only to members of the Coast Guard who are

     separated after September 30, 1994."

-TRANS-

     TRANSFER OF FUNCTIONS

     For transfer of authorities, functions, personnel, and assets of

     the Coast Guard, including the authorities and functions of the

     Secretary of Transportation relating thereto, to the Department of

     Homeland Security, and for treatment of related references, see

     sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

     Security, and the Department of Homeland Security Reorganization

     Plan of November 25, 2002, as modified, set out as a note under

     section 542 of Title 6.

-End-

-CITE-

     10 USC Sec. 1142 01/03/2012 (112-90)

-EXPCITE-

     TITLE 10 - ARMED FORCES

     Subtitle A - General Military Law

     PART II - PERSONNEL

     CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

     RECENTLY SEPARATED

-HEAD-

     Sec. 1142. Preseparation counseling; transmittal of medical records

     to Department of Veterans Affairs

-STATUTE-

     (a) Requirement. - (1) Within the time periods specified in

     paragraph (3), the Secretary concerned shall (except as provided in

     paragraph (4)) provide for individual preseparation counseling of

     each member of the armed forces whose discharge or release from

     active duty is anticipated as of a specific date. A notation of the

     provision of such counseling with respect to each matter specified

     in subsection (b), signed by the member, shall be placed in the

     service record of each member receiving such counseling.

     (2) In carrying out this section, the Secretary concerned may use

     the services available under section 1144 of this title.

     (3)(A) In the case of an anticipated retirement, preseparation

     counseling shall commence as soon as possible during the 24-month

     period preceding the anticipated retirement date. In the case of a

     separation other than a retirement, preseparation counseling shall

     commence as soon as possible during the 12-month period preceding

     the anticipated date. Except as provided in subparagraph (B), in no

     event shall preseparation counseling commence later than 90 days

     before the date of discharge or release.

     (B) In the event that a retirement or other separation is

     unanticipated until there are 90 or fewer days before the

     anticipated retirement or separation date, or in the event a member

     of a reserve component is being demobilized under circumstances in

     which (as determined by the Secretary concerned) operational

     requirements make the 90-day requirement under subparagraph (A)

     unfeasible, preseparation counseling shall begin as soon as

     possible within the remaining period of service.

     (4)(A) Subject to subparagraph (B), the Secretary concerned shall

     not provide preseparation counseling to a member who is being

     discharged or released before the completion of that member's first

     180 days of active duty.

     (B) Subparagraph (A) shall not apply in the case of a member who

     is being retired or separated for disability.

     (b) Matters To Be Covered By Counseling. - Counseling under this

     section shall include the following:

     (1) A discussion of the educational assistance benefits to

     which the member is entitled under the Montgomery GI Bill and

     other educational assistance programs because of the member's

     service in the armed forces.

     (2) A description (to be developed with the assistance of the

     Secretary of Veterans Affairs) of the compensation and vocational

     rehabilitation benefits to which the member may be entitled under

     laws administered by the Secretary of Veterans Affairs, if the

     member is being medically separated or is being retired under

     chapter 61 of this title.

     (3) An explanation of the procedures for and advantages of

     affiliating with the Selected Reserve.

     (4) Provision of information on civilian occupations and

     related assistance programs, including information concerning -

     (A) certification and licensure requirements that are

     applicable to civilian occupations;

     (B) civilian occupations that correspond to military

     occupational specialties; and

     (C) Government and private-sector programs for job search and

     job placement assistance, including the public and community

     service jobs program carried out under section 1143a of this

     title, and information regarding the placement programs

     established under sections 1152 and 1153 of this title and the

     Troops-to-Teachers Program under section 2302 of the Elementary

     and Secondary Education Act of 1965 (20 U.S.C. 6672).

     (5) If the member has a spouse, inclusion of the spouse, at the

     discretion of the member and the spouse, when counseling

     regarding the matters covered by paragraphs (9), (10), and (16)

     is provided, job placement counseling for the spouse, and the

     provision of information on survivor benefits available under the

     laws administered by the Secretary of Defense or the Secretary of

     Veterans Affairs.

     (6) Information concerning the availability of relocation

     assistance services and other benefits and services available to

     persons leaving military service, as provided under section 1144

     of this title.

     (7) Information concerning the availability of medical and

     dental coverage following separation from active duty, including

     the opportunity to elect into the conversion health policy

     provided under section 1145 of this title.

     (8) Counseling (for the member and dependents) on the effect of

     career change on individuals and their families and the

     availability to the member and dependents of suicide prevention

     resources following separation from the armed forces.

     (9) Financial planning assistance, including information on

     budgeting, saving, credit, loans, and taxes.

     (10) The creation of a transition plan for the member to

     attempt to achieve the educational, training,,(!1) employment,

     and financial objectives of the member and, if the member has a

     spouse, the spouse of the member.

     (11) Information concerning the availability of mental health

     services and the treatment of post-traumatic stress disorder,

     anxiety disorders, depression, suicidal ideations, or other

     mental health conditions associated with service in the armed

     forces.

     (12) Information concerning the priority of service for

     veterans in the receipt of employment, training, and placement

     services provided under qualified job training programs of the

     Department of Labor.

     (13) Information concerning veterans small business ownership

     and entrepreneurship programs of the Small Business

     Administration and the National Veterans Business Development

     Corporation.

     (14) Information concerning employment and reemployment rights

     and obligations under chapter 43 of title 38.

     (15) Information concerning veterans preference in Federal

     employment and Federal procurement opportunities.

     (16) Information on home loan services and housing assistance

     benefits available under the laws administered by the Secretary

     of Veterans Affairs and counseling on responsible borrowing

     practices.

     (17) A description, developed in consultation with the

     Secretary of Veterans Affairs, of health care and other benefits

     to which the member may be entitled under the laws administered

     by the Secretary of Veterans Affairs, and information regarding

     the means by which the member can receive additional counseling

     regarding the member's actual entitlement to such benefits and

     apply for such benefits.

     (c) Transmittal of Medical Information to Department of Veterans

     Affairs. - In the case of a member being medically separated or

     being retired under chapter 61 of this title, the Secretary

     concerned shall ensure (subject to the consent of the member) that

     a copy of the member's service medical record (including any

     results of a Physical Evaluation Board) is transmitted to the

     Secretary of Veterans Affairs within 60 days of the separation or

     retirement.

-SOURCE-

     (Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

     1990, 104 Stat. 1552; amended Pub. L. 102-190, div. A, title X,

     Sec. 1061(a)(5), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102-484,

     div. D, title XLIV, Secs. 4401, 4441(b), 4462(b), Oct. 23, 1992,

     106 Stat. 2701, 2730, 2740; Pub. L. 103-35, title II, Sec.

     201(i)(1), May 31, 1993, 107 Stat. 100; Pub. L. 103-160, div. A,

     title XIII, Sec. 1332(c), Nov. 30, 1993, 107 Stat. 1797; Pub. L.

     106-398, Sec. 1 [[div. A], title X, Sec. 1087(a)(9)], Oct. 30,

     2000, 114 Stat. 1654, 1654A-290; Pub. L. 107-103, title III, Sec.

     302(a), Dec. 27, 2001, 115 Stat. 991; Pub. L. 109-163, div. A,

     title V, Sec. 594, Jan. 6, 2006, 119 Stat. 3281; Pub. L. 111-84,

     div. A, title X, Sec. 1073(a)(13), Oct. 28, 2009, 123 Stat. 2473;

     Pub. L. 112-56, title II, Sec. 221(b), Nov. 21, 2011, 125 Stat.

     716; Pub. L. 112-81, div. A, title V, Secs. 513, 529, 533(c), Dec.

     31, 2011, 125 Stat. 1393, 1402, 1404.)

-STATAMEND-

     AMENDMENT OF SUBSECTION (A)(2)

     Pub. L. 112-56, title II, Sec. 221(b), (c), Nov. 21, 2011, 125

     Stat. 716, provided that, effective on the date that is 1 year

     after Nov. 21, 2011, subsection (a)(2) of this section is amended

     by striking "may" and inserting "shall". See 2011 Amendment note

     below.

-MISC1-

     AMENDMENTS

     2011 - Subsec. (a)(2). Pub. L. 112-56 substituted "shall" for

     "may".

     Subsec. (a)(3)(B). Pub. L. 112-81, Sec. 513, inserted "or in the

     event a member of a reserve component is being demobilized under

     circumstances in which (as determined by the Secretary concerned)

     operational requirements make the 90-day requirement under

     subparagraph (A) unfeasible," after "or separation date,".

     Subsec. (b)(5). Pub. L. 112-81, Sec. 529(1), substituted

     "inclusion of the spouse, at the discretion of the member and the

     spouse, when counseling regarding the matters covered by paragraphs

     (9), (10), and (16) is provided, job placement counseling for the

     spouse, and the provision of information on survivor benefits

     available under the laws administered by the Secretary of Defense

     or the Secretary of Veterans Affairs" for "job placement counseling

     for the spouse".

     Subsec. (b)(8). Pub. L. 112-81, Sec. 533(c), inserted before

     period at end "and the availability to the member and dependents of

     suicide prevention resources following separation from the armed

     forces".

     Subsec. (b)(9). Pub. L. 112-81, Sec. 529(2), inserted before

     period at end ", including information on budgeting, saving,

     credit, loans, and taxes".

     Subsec. (b)(10). Pub. L. 112-81, Sec. 529(3), substituted ",

     employment, and financial" for "and employment".

     Subsec. (b)(16). Pub. L. 112-81, Sec. 529(4), added par. (16) and

     struck out former par. (16) which read as follows: "Contact

     information for housing counseling assistance."

     Subsec. (b)(17). Pub. L. 112-81, Sec. 529(5), inserted before

     period at end ", and information regarding the means by which the

     member can receive additional counseling regarding the member's

     actual entitlement to such benefits and apply for such benefits".

     2009 - Subsec. (b)(4)(C). Pub. L. 111-84, Sec. 1073(a)(13)(A),

     substituted "the Troops-to-Teachers Program under section 2302 of

     the Elementary and Secondary Education Act of 1965 (20 U.S.C.

     6672)" for "the Troops-to-Teachers Program Act of 1999 (20 U.S.C.

     9301 et seq.)".

     Subsec. (b)(15). Pub. L. 111-84, Sec. 1073(a)(13)(B), substituted

     "Federal" for "federal" in two places.

     2006 - Subsec. (b)(4). Pub. L. 109-163, Sec. 594(1), substituted

     "Provision of information on civilian occupations and related

     assistance programs, including information concerning -

     "(A) certification and licensure requirements that are

     applicable to civilian occupations;

     "(B) civilian occupations that correspond to military

     occupational specialties; and

     "(C)"

     for "Information concerning".

     Subsec. (b)(11) to (17). Pub. L. 109-163, Sec. 594(2), added

     pars. (11) to (17).

     2001 - Subsec. (a)(1). Pub. L. 107-103, Sec. 302(a)(1), amended

     first sentence generally. Prior to amendment, first sentence read

     as follows: "As soon as possible before, but in no event later than

     90 days before, the date of the discharge or release from active

     duty of a member of the armed forces, the Secretary concerned shall

     provide for individual preseparation counseling of the member."

     Subsec. (a)(3), (4). Pub. L. 107-103, Sec. 302(a)(2), added pars.

     (3) and (4).

     2000 - Subsec. (b)(4). Pub. L. 106-398 substituted "sections 1152

     and 1153 of this title and the Troops-to-Teachers Program Act of

     1999 (20 U.S.C. 9301 et seq.)" for "sections 1151, 1152, and 1153

     of this title".

     1993 - Subsec. (b)(4). Pub. L. 103-160 substituted "programs

     established under sections 1151, 1152, and 1153 of this title" for

     "program established under section 1151 of this title to assist

     members to obtain employment as elementary or secondary school

     teachers or teachers' aides".

     Pub. L. 103-35 substituted "job placement assistance, including

     the public and community service jobs program carried out under

     section 1143a of this title, and information regarding the

     placement program established under section 1151 of this title to

     assist members to obtain employment as elementary or secondary

     school teachers or teachers' aides" for "job placement assistance

     and information regarding the placement program established under

     section 1151 of this title to assist members obtain employment as

     elementary or secondary school teachers or teachers' aides.,

     including the public and community service jobs program carried out

     under section 1143a of this title".

     1992 - Subsec. (a)(1). Pub. L. 102-484, Sec. 4401(a), substituted

     "As soon as possible before, but in no event later than 90 days

     before, the date of the discharge" for "Upon the discharge".

     Subsec. (b)(4). Pub. L. 102-484, Sec. 4462(b), inserted before

     period at end ", including the public and community service jobs

     program carried out under section 1143a of this title".

     Pub. L. 102-484, Sec. 4441(b), inserted before period at end "and

     information regarding the placement program established under

     section 1151 of this title to assist members obtain employment as

     elementary or secondary school teachers or teachers' aides."

     Subsec. (b)(10). Pub. L. 102-484, Sec. 4401(b), added par. (10).

     1991 - Subsec. (b)(5). Pub. L. 102-190 substituted period for

     semicolon at end.

     EFFECTIVE DATE OF 2011 AMENDMENT

     Pub. L. 112-56, title II, Sec. 221(c), Nov. 21, 2011, 125 Stat.

     716, provided that: "The amendments made by subsections (a) and (b)

     [amending this section and section 1144 of this title] shall take

     effect on the date that is 1 year after the date of the enactment

     of this Act [Nov. 21, 2011]."

     APPLICATION OF PRESEPARATION COUNSELING REQUIREMENTS TO COAST GUARD

     Pub. L. 103-337, div. A, title V, Sec. 543(a), Oct. 5, 1994, 108

     Stat. 2769, provided that: "As soon as possible after the date of

     the enactment of this Act [Oct. 5, 1994], the Secretary of

     Transportation shall implement the requirements of section 1142 of

     title 10, United States Code, for the Coast Guard."

     LIMITATION ON FUNDING TO CARRY OUT SECTION 543 OF PUB. L. 103-337

     Pub. L. 103-337, div. A, title V, Sec. 543(h), Oct. 5, 1994, 108

     Stat. 2772, provided that: "Funds appropriated or otherwise made

     available to the Department of Defense, the Department of

     Education, the Department of Labor, or the Department of Veterans

     Affairs may not be used to carry out subsection (a) [set out above]

     or the amendments made by this section [amending sections 1144 and

     1151 to 1153 of this title and provisions set out as notes under

     section 1143 of this title]."

-FOOTNOTE-

     (!1) So in original.

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