Title 10 of the U.S. Code § 1168 - Discharge or release from active duty: limitations
Full text of § 1168 from Title 10 of the United States Code.
§ 1168. Discharge or release from active duty: limitations
(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 Notes
The 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.
Editorial Notes
Amendments
1989—Subsec. (b). Pub. L. 101–189 substituted "facility of the Department of Veterans Affairs" for "Veterans' Administration facility".
Statutory Notes and Related Subsidiaries
Machine Readability and Electronic Transferability of Certificate of Release or Discharge From Active Duty (DD Form 214)
Pub. L. 116–92, div. A, title V, §569, Dec. 20, 2019, 133 Stat. 1397, provided that:
"(a)
"(1) be machine readable and electronically transferable; and
"(2) include a specific block explicitly identified as the location in which a member of the Armed Forces may provide one or more email addresses by which the member may be contacted after discharge or release from active duty.
"(b)
"(c)
"(1) What systems of the Department of Defense require an individual to manually enter information from DD Form 214.
"(2) What activities of the Department of Defense require a veteran or former member of the Armed Forces to provide a physical copy of DD Form 214.
"(3) The order of priority for modernizing items identified under paragraphs (1) and (2) as determined by the Secretary.
"(4) The estimated cost, as determined by the Secretary, to automate items identified under paragraphs (1) and (2)."
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."
About This Section
10 U.S.C. § 1168 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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