U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 59— SEPARATION

10 U.S.C. § 1176

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

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(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.(Added Pub. L. 102–484, div. A, title V, § 541(a), Oct. 23, 1992, 106 Stat. 2412; amended Pub. L. 103–160, div. A, title V, § 562(a), Nov. 30, 1993, 107 Stat. 1669; Pub. L. 104–106, div. A, title XV, § 1501(c)(12), Feb. 10, 1996, 110 Stat. 499; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)Editorial NotesAmendments

2018—Subsec. (a). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914” and “section 8330” for “section 6330”.

1996—Subsec. (b). Pub. L. 104–106 substituted “section 12732” for “section 1332” wherever appearing.

1993—Subsec. (b). Pub. L. 103–160 added subsec. (b) and struck out heading and text of former subsec. (b) which provided that a reserve enlisted member serving on active duty who was selected to be involuntarily separated, or whose term of enlistment expired and who was denied reenlistment, and who on the date on which the member was to be discharged or released from active duty was entitled to be credited with at least 18 but less than 20 years of service computed under section 1332 of this title, could not be discharged or released from active duty without the member’s consent before the earlier of certain dates.

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.

Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title V, § 562(b), Nov. 30, 1993, 107 Stat. 1669, provided that: “Subsection (b) of section 1176 of title 10, United States Code, as added by subsection (a), shall take effect as of October 23, 1992.”

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1998–2025 · leading case: Davis v. United States, 108 Fed. Cl. 331 (Fed. Cl. 2012).
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Davis v. United States, 108 Fed. Cl. 331 (Fed. Cl. 2012). · cites it 4× “” 10 U.S.C. § 1176 (a) (2006). The statute at 10 U.”
Strickland v. United States, 69 Fed. Cl. 684 (Fed. Cl. 2006). · cites it 2× “In this case, however, the enlistment Plaintiff was serving when he was improperly separated would have resulted in a firm right to continued service under 10 U.S.C. § 1176 (a). See 10 U.S.C. § 1176 (a) ("A regular enlisted member who is selected to be involuntarily separated,…”
Nieves v. McHugh, 111 F. Supp. 3d 667 (E.D.N.C. 2015). · cites it 2× “Both regulations, however, rely on 10 U.S.C. § 1176 for statutory support concerning the possible separation of soldiers with 18 to 20 years of service.”
Carmichael v. United States, 66 Fed. Cl. 115 (Fed. Cl. 2005). · cites it 3× “As a result of this conclusion, plaintiff also would have been able to invoke the protection of 10 U.S.C. § 1176 (a), which provides that: A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment,…”
Bors v. Allen, 607 F. Supp. 2d 204 (D.D.C. 2009). · cites it 2× “B of the USCG Personnel Manual due to his years of service in the USCG, and to 10 U.S.C. § 1176 (a), which provides that an enlisted member of the USCG who is within two years of retirement “shall be retained on active duty until the member is qualified for retirement.”
United States v. Stargell, 49 M.J. 92 (C.A.A.F. 1998). “See 10 USC § 1176 (a) (“regular enlisted member who is selected to be involuntarily separated,” but who is within 2 years of eligibility for retirement, may not be involuntarily separated unless “sooner retired or discharged under any other provision of law”); para.”
Coburn v. McHugh, 744 F. Supp. 2d 177 (D.D.C. 2010). “Co-burn also asserts that if the Army had retained him to complete his disability processing, he would have secured within five days from the date of his separation the “sanctuary” protections of 10 U.S.C. § 1176 (a). As explained above, however, the Army’s regulations permit,…”
Strickland v. United States, 73 Fed. Cl. 631 (Fed. Cl. 2006). “See 10 U.S.C. § 1176 (a) ("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 .”
Ruffin v. United States, 509 F. App'x 978 (Fed. Cir. 2013). “Finally, Ruffin argues that he was protected by 10 U.S.C. § 1176 (a), which restricts “involuntarfy] separation]” where an enlistee is “to be discharged .”
Pope v. United States (Fed. Cl. 2022). · cites it 8× “The Government (wisely) withdrew this part of its motion when Pope explained that he relied on the safe harbor provision at 10 U.S.C. § 1176 , which requires the Navy to retain sailors that have served 18 years on active duty but had inadvertently referred to 10 U.”
Quesada v. United States (Fed. Cl. 2018). · cites it 2× “§ 1554a (2012), and that his length of active duty service-seventeen years, eight months, and fifteen days-qualified him to be retained on active duty until he was eligible for retirement, see 10 U.S.C. § 1176 . Defendant filed a reply in support of its motion to dismiss on…”
Perez v. United States (Fed. Cl. 2019). · cites it 2× “According to plaintiff, he “had been on active duty for 18 years and 6 months,” as of June 18, 2013, and, thus, that “10 U.S.C. § 1176, required that he be retained on active duty until he qualified for retirement at 20 years active duty.”
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