U.S. Code
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Title 10
» Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1221— SEPARATION
10 U.S.C. § 4421
APPLICABILITY AND TERMINATION OF BENEFITS.
“(a)Applicability Subject to Needs of the Service.—(1) Subject to regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may limit the applicability of a benefit provided under sections 4418 through 4420 to any category of personnel defined by the Secretary concerned in order to meet a need of the armed force under the jurisdiction of the Secretary concerned to reduce the number of members in certain grades, the number of members who have completed a certain number of years of service, or the number of members who possess certain military skills or are serving in designated competitive categories.“(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a).“(b)Inapplicability to Certain Separations and Reassignments.—Sections 4418 through 4420 do not apply with respect to personnel who cease to be members of the Selected Reserve under adverse conditions, as characterized by the Secretary of the military department concerned.“(c)Termination of Benefits.—The eligibility of a member of a reserve component of the Armed Forces (after having involuntarily ceased to be a member of the Selected Reserve) to receive benefits and privileges under sections 4418 through 4420 terminates upon the involuntary separation of such member from the Armed Forces under adverse conditions, as characterized by the Secretary of the military department concerned.