10 U.S.C. § 1169

Regular enlisted members: limitations on discharge

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No regular enlisted member of an armed force may be discharged before his term of service expires, except—(1) as prescribed by the Secretary concerned;(2) by sentence of a general or special court martial; or(3) as otherwise provided by law.(Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.)
Notes of Decisions
Cited in 70 cases (8 in the last 5 years), 1969–2025 · leading case: Lippmann v. United States, 127 Fed. Cl. 238 (Fed. Cl. 2016).
Lippmann v. United States, 127 Fed. Cl. 238 (Fed. Cl. 2016). · cites it 11× “§ 204 ; 10 U.S.C. § 1169 ; 14 U.S.C. § 357 . MEMORANDUM OPINION AND ORDER GRIGGSBY, Judge I.”
Strickland v. United States, 69 Fed. Cl. 684 (Fed. Cl. 2006). · cites it 8× “Three Sets Of Regulations Have Been Promulgated, Pursuant To 10 U.S.C. § 1169 , Governing Administrative Separation.”
Philip L. Anderson v. United States, 111 Fed. Cl. 572 (Fed. Cl. 2013). · cites it 6× “Statutory Authority Not Exceeded In the complaint, plaintiffs cite 10 U.S.C. § 1169 (2006) as the statute that was contravened in the ERB process.”
United States v. Hart, 66 M.J. 273 (C.A.A.F. 2008). · cites it 3× “10 U.S.C. § 1169 . In King, this court reasoned: We read these statutes as generally requiring that three elements be satisfied to accomplish an early discharge.”
Edward Larry Dodson v. United States Gov't, Dep't of the Army, 988 F.2d 1199 (Fed. Cir. 1993). · cites it 2× “or (3) as otherwise provided by law.” See also Army Reg. 635-200 (1984).”
Chambers v. United States, 417 F.3d 1218 (Fed. Cir. 2005). “the Secretary may retire the member, with retired pay ....”
Walch v. Adjutant Gen.'s Dep't, 533 F.3d 289 (5th Cir. 2008). “10 U.S.C. § 1169 . That is irrelevant here.”
Anderson v. United States, 758 F.3d 1336 (Fed. Cir. 2014). · cites it 2× “Appellants contend that “no cause was prescribed by the Secretary for discharge of the Plaintiffs.”
Craft v. United States, 210 Ct. Cl. 170 (Ct. Cl. 1976). · cites it 2× “Third, plaintiff claims that the Army’s conduct violated 10 U.S.C. § 1169 (1970) (circumscribing the occasions when a military serviceman may be discharged before the termination of his service contract).”
United States v. King, 27 M.J. 327 (1989). · cites it 2× “10 USC § 1169 . We read these statutes as generally requiring that three elements be satisfied to accomplish an early discharge.”
Wyatt v. United States, 23 Cl. Ct. 314 (Ct. Cl. 1991). · cites it 2× “Specifically, Wyatt was discharged under AR 635-200, Chap. 13, governing “Separation for Unsatisfactory Performance.”
Webb v. United States, 67 M.J. 765 (A.F.C.C.A. 2009). · cites it 3× “The latter requirements stem from 10 U.S.C. § 1169 , which provides in pertinent part as follows: “No regular enlisted member of an armed force may be discharged before his term of service expires, except .”
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