Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart II - PERSONNEL
Chapter 59 - SEPARATION
Section 1171 - Regular enlisted members: early discharge

10 U.S.C. § 1171

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 1171 - Regular enlisted members: early discharge

Under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within one year before the expiration of the term of his enlistment or extended enlistment. A discharge under this section does not affect any right, privilege, or benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served.

10 U.S.C. § 1171

Added Pub. L. 90-235, §3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757; amended Pub. L. 112-81, div. A, title V, §525, Dec. 31, 2011, 125 Stat. 1401.

EDITORIAL NOTES

AMENDMENTS2011- Pub. L. 112-81 substituted "within one year" for "within three months".

EXECUTIVE DOCUMENTS

EX. ORD. NO. 11498. DELEGATION OF AUTHORITY TO SECRETARY OF DEFENSEEx. Ord. No. 11498, Dec. 1, 1969, 34 F.R. 19125, provided:By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered that the Secretary of Defense is hereby designated and empowered to approve regulations issued by the Secretaries concerned under section 1171 of title 10, United States Code, effective January 2, 1968, which relate to the early discharge of regular enlisted members of the armed forces.Richard Nixon.

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
enlisted member
The term "enlisted member" means a person in an enlisted grade.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.