US Code
CHAPTER 59— SEPARATION
§ 1176. Enlisted members: retention after completion of 18 or more, but less than 20, years of service

(a) Regular Members.—A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 7314 or 9314 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 8330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law.
(b) Reserve Members in Active Status.—A reserve enlisted member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who is denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status is entitled to be credited with at least 18 but less than 20 years of service computed under section 12732 of this title, may not be discharged, denied reenlistment, or transferred from an active status without the member’s consent before the earlier of the following:(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.

Structure US Code

US Code

Title 10— ARMED FORCES

Subtitle A— General Military Law

PART II— PERSONNEL

CHAPTER 59— SEPARATION

§ 1161. Commissioned officers: limitations on dismissal

[§§ 1162, 1163. Repealed. , , ]

§ 1164. Warrant officers: separation for age

§ 1165. Regular warrant officers: separation during three-year probationary period

§ 1166. Regular warrant officers: elimination for unfitness or unsatisfactory performance

§ 1167. Members under confinement by sentence of court-martial: separation after six months confinement

§ 1168. Discharge or release from active duty: limitations

§ 1169. Regular enlisted members: limitations on discharge

§ 1170. Regular enlisted members: minority discharge

§ 1171. Regular enlisted members: early discharge

§ 1172. Enlisted members: during war or emergency; discharge

§ 1173. Enlisted members: discharge for hardship

§ 1174. Separation pay upon involuntary discharge or release from active duty

§ 1174a. Special separation benefits programs

§ 1175. Voluntary separation incentive

§ 1175a. Voluntary separation pay and benefits

§ 1176. Enlisted members: retention after completion of 18 or more, but less than 20, years of service

§ 1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation

§ 1178. System and procedures for tracking separations resulting from refusal to participate in anthrax vaccine immunization program