To amend section 1174 of title 10, United States Code, to provide separation pay for regular enlisted members of the Armed Forces who are involuntarily discharged or released or are denied reenlistment.

Authorizes the payment of separation pay to a regular enlisted member of an armed force who is discharged or released from such armed force (except by sentence of a court martial) if: (1) the member completed more than five but less than 20 years of active service immediately before such discharge or release; and (2) the discharge or release is involuntary or the result of denial of reenlistment. Requires members so discharged or released to receive such pay unless the Secretary of the military department concerned determines that the conditions of the release or discharge do not warrant payment of separation pay.

 
HR 4003 IH
101st CONGRESS
2d Session
 H. R. 4003
To amend section 1174 of title 10, United States Code, to provide separation
pay for regular enlisted members of the Armed Forces who are involuntarily
discharged or released or are denied reenlistment.
IN THE HOUSE OF REPRESENTATIVES
February 7, 1990
Mr. SLATTERY (for himself, Mr. SPENCE, Mrs. UNSOELD, and Mr. HYDE) introduced
the following bill; which was referred to the Committee on Armed Services
A BILL
To amend section 1174 of title 10, United States Code, to provide separation
pay for regular enlisted members of the Armed Forces who are involuntarily
discharged or released or are denied reenlistment.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SEPARATION PAY FOR REGULAR ENLISTED MEMBERS OF THE ARMED FORCES
WHO ARE INVOLUNTARILY DISCHARGED OR RELEASED OR ARE DENIED REENLISTMENT.
  (a) SEPARATION PAY PROVIDED- Section 1174 of title 10, United States Code,
  is amended--
  (1) by inserting `REGULAR OFFICERS- (1)' in subsection (a) after `(a)';
  (2) by redesignating subsection (b) as paragraph (2) of subsection (a); and
  (3) by inserting after subsection (a) the following new subsection:
  `(b) REGULAR ENLISTED MEMBERS- (1) Except as provided in paragraph (2),
  a regular enlisted member of an armed force who is discharged or released
  from that armed force (except by sentence of a general or special court
  martial or under section 1170 or 1173 of this title) is entitled to
  separation pay computed under subsection (d)(1) if--
  `(A) the member completed five or more, but less than 20, years of active
  service immediately before that discharge or release; and
  `(B) the discharge or release of the member is involuntary or the result
  of the denial of the reenlistment of the member.
  `(2) A member described in paragraph (1) who is discharged or released
  as a result of substandard performance of duty, unfitness, unsatisfactory
  performance, misconduct, moral or professional dereliction, unsuitability,
  homosexuality, drug abuse, or nonavailability for worldwide assignment
  due to parenthood is entitled to separation pay computed under subsection
  (d)(2), unless the Secretary concerned determines that the conditions
  under which the member is discharged or released do not warrant payment
  of that separation pay.'.
  (b) CONFORMING AMENDMENTS- (1) Section 1186(c) of title 10, United States
  Code, is amended by striking out `section 1174(b)' and inserting in lieu
  thereof `section 1174(a)(2)'.
  (2) Section 6383(h) of such title is amended by striking out `section
  1174(a)' and inserting in lieu thereof `section 1174(a)(1)'.
  (c) TECHNICAL AMENDMENTS- (1) Subsection (a) of section 1174 of title
  10, United States Code (as amended by subsection (a) of this section),
  is further amended--
  (A) by striking out `or release'; and
  (B) by striking out `, under section 564' and all that follows through
  `Management Act' and inserting in lieu thereof `or under section 564 or
  6383 of this title'.
  (2) Subsection (c) of such section is amended by striking out `after
  September 14, 1981,'.
  (d) STYLISTIC AMENDMENTS- Such section is further amended--
  (1) by inserting `OTHER MEMBERS OF AN ARMED FORCE- ' in subsection (c)
  after `(c)';
  (2) by inserting `AMOUNT OF SEPARATION PAY- ' in subsection (d) after `(d)';
  (3) by inserting `EXCEPTIONS TO ELIGIBILITY- ' in subsection (e) after `(e)';
  (4) by inserting `DETERMINATION OF YEARS OF SERVICE- ' in subsection (f)
  after `(f)';
  (5) by inserting `EXCEPTIONS; LIMITATION ON AMOUNT OF SEPARATION PAY-
  ' in subsection (g) after `(g)';
  (6) by inserting `EFFECT ON RETIRED OR RETAINER PAY AND DISABILITY
  COMPENSATION- ' in subsection (h) after `(h)'; and
  (7) by inserting `REGULATIONS; CONSIDERATION OF OTHER COMMISSIONED SERVICE-
  ' in subsection (i) after `(i)'.
  (e) APPLICATION OF AMENDMENTS- Subsection (b) of section 1174 of title 10,
  United States Code, as added by subsection (a), shall apply with respect
  to a regular enlisted member of the Armed Forces who is involuntarily
  discharged or released, or denied reenlistment and consequently discharged
  or released, from the Armed Forces after September 30, 1990.