10 USC 1142: Preseparation counseling; transmittal of certain records to Department of Veterans Affairs

10 USC 1142: Preseparation counseling; transmittal of certain records to Department of Veterans Affairs Text contains those laws in effect on November 20, 2024

From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 58-BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED

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§1142. Preseparation counseling; transmittal of certain records to Department of Veterans Affairs

(a) Requirement.-(1) Within the time periods specified in paragraph (3), the Secretary concerned shall (except as provided in paragraph (4)) provide for individual preseparation counseling of each member of the armed forces whose discharge (regardless of character of discharge) or release from active duty is anticipated as of a specific date. A notation of the provision of such counseling with respect to each matter specified in subsection (b), signed by the member, shall be placed in the service record of each member receiving such counseling.

(2) In carrying out this section, the Secretary concerned shall use the services available under section 1144 of this title.

(3)(A) In the case of an anticipated retirement, preseparation counseling shall commence as soon as possible during the 24-month period preceding the anticipated retirement date. In the case of a separation other than a retirement, preseparation counseling shall commence not later than 365 days before the anticipated date. Except as provided in subparagraph (B), in no event shall preseparation counseling commence later than 365 days before the date of retirement or other separation.

(B) In the event that a retirement or other separation is unanticipated until there are 365 or fewer days before the anticipated retirement or separation date, or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 365-day requirement under subparagraph (A) unfeasible, preseparation counseling shall begin as soon as possible within the remaining period of service.

(4)(A) Subject to subparagraph (B), the Secretary concerned shall not provide preseparation counseling to a member who is being discharged or released before the completion of the first 180 continuous days of active duty of the member.

(B) Subparagraph (A) shall not apply in the case of a member who is being retired or separated for disability.

(C) For purposes of calculating the days of active duty of a member under subparagraph (A), the Secretary concerned shall exclude any day on which-

(i) the member performed full-time training duty or annual training duty; and

(ii) the member attended, while in the active military service, a school designated as a service school by law or by the Secretary concerned.

(b) Matters To Be Covered By Counseling.-Counseling under this section shall include the following:

(1) A discussion of the educational assistance benefits to which the member is entitled under the Montgomery GI Bill and other educational assistance programs because of the member's service in the armed forces.

(2) A description (to be developed with the assistance of the Secretary of Veterans Affairs) of the compensation and vocational rehabilitation benefits to which the member may be entitled under laws administered by the Secretary of Veterans Affairs, if the member is being medically separated or is being retired under chapter 61 of this title.

(3) An explanation of the procedures for and advantages of affiliating with the Selected Reserve.

(4) Provision of information on civilian occupations and related assistance programs, including information concerning-

(A) certification and licensure requirements that are applicable to civilian occupations, including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses;

(B) civilian occupations that correspond to military occupational specialties; and

(C) Government and private-sector programs for job search and job placement assistance, including information regarding the placement programs established under sections 1152 and 1153 of this title and the Troops-to-Teachers Program.

(5) If the member has a spouse, inclusion of the spouse, at the discretion of the member and the spouse, when counseling regarding the matters covered by paragraphs (9), (10), and (16) is provided, job placement counseling for the spouse, and the provision of information on survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs.

(6) Information concerning the availability of relocation assistance services and other benefits and services available to persons leaving military service, as provided under section 1144 of this title.

(7) Information concerning the availability of medical and dental coverage following separation from active duty, including the opportunity to elect into the conversion health policy provided under section 1145 of this title.

(8) Counseling (for the member and dependents) on the effect of career change on individuals and their families and the availability to the member and dependents of suicide prevention resources following separation from the armed forces.

(9) Financial planning assistance, including information on budgeting, saving, credit, loans, and taxes.

(10) The creation of a transition plan for the member to attempt to achieve the educational, training, employment, and financial objectives of the member and, if the member has a spouse, the spouse of the member.

(11) Information concerning the availability of mental health services and the treatment of post-traumatic stress disorder, anxiety disorders, depression, suicidal ideations, or other mental health conditions associated with service in the armed forces and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse.

(12) Information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor.

(13) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration.

(14) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38.

(15) Information concerning veterans preference in Federal employment and Federal procurement opportunities.

(16) Information on home loan services and housing assistance benefits available under the laws administered by the Secretary of Veterans Affairs and counseling on responsible borrowing practices.

(17) A description, developed in consultation with the Secretary of Veterans Affairs, of health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs, and information regarding the means by which the member can receive additional counseling regarding the member's actual entitlement to such benefits and apply for such benefits.

(18) A description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program conducted by the Secretary of Veterans Affairs pursuant to section 1720G of title 38, including the veterans covered by the program, the caregivers eligible for assistance and support through the program, and the assistance and support available through the program.

(19) Information regarding how to file claims for benefits available to the member under laws administered by the Secretaries of Defense and Veterans Affairs.

(c) Counseling Pathways.-(1) Each Secretary concerned, in consultation with the Secretaries of Labor and Veterans Affairs, shall establish at least three pathways for members of the military department concerned receiving individualized counseling under this section. The Secretaries shall design the pathways to address the needs of members, based on the following factors:

(A) Rank.

(B) Term of service.

(D) Whether the member was a member of a regular or reserve component of an armed force.

(E) Potential or confirmed disability.

(F) Potential or confirmed character of discharge (including expedited discharge and discharge under conditions other than honorable).

(G) Health (including mental health).

(H) Military occupational specialty.

(I) Whether the member intends, after separation, retirement, or discharge, to-

(i) seek employment;

(ii) enroll in a program of higher education;

(iii) enroll in a program of vocational training; or

(iv) become an entrepreneur.

(J) The educational history of the member.

(K) The employment history of the member.

(L) Whether the member has secured-

(i) employment;

(ii) enrollment in a program of education; or

(iii) enrollment in a program of vocational training.

(M) Other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Veterans Affairs, determine appropriate.

(2) Each member described in subsection (a) shall meet in person or by video conference with a counselor before beginning counseling under this section to-

(A) take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate pathway under this subsection;

(B) receive information from the counselor regarding reenlistment in the armed forces; and

(i) for members of the armed forces separated, retired, or discharged;

(ii) located in the community in which the member will reside after separation, retirement, or discharge.

(3) At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(C).

(d) Transmittal of Medical Information to Department of Veterans Affairs.-In the case of a member being medically separated or being retired under chapter 61 of this title, the Secretary concerned shall ensure (subject to the consent of the member) that a copy of the member's service medical record (including any results of a Physical Evaluation Board) is transmitted to the Secretary of Veterans Affairs within 60 days of the separation or retirement.

(e) Joint Service Transcript.-The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to-

(1) that member-

(A) at the meeting with a counselor under subsection (c)(2); and

(B) on the day the member separates, retires, or is discharged; and

(2) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.

Editorial Notes

Amendments

2023-Subsec. (c)(1)(E). Pub. L. 118–31, §571(1), substituted "Potential or confirmed disability" for "Disability".

Subsec. (c)(1)(F). Pub. L. 118–31, §571(2), substituted "Potential or confirmed character" for "Character".

2019-Subsec. (b)(19). Pub. L. 116–92, §561, added par. (19).

Subsec. (c)(3). Pub. L. 116–92, §1731(a)(26), substituted "paragraph (2)(C)" for "paragraph (2)(B)".

2018-Pub. L. 115–232, §552(a)(1)(A), substituted "certain" for "medical" in section catchline.

Subsec. (a)(1). Pub. L. 115–232, §552(a)(1)(B)(i), inserted "(regardless of character of discharge)" after "discharge".

Subsec. (a)(3)(A). Pub. L. 115–232, §552(a)(1)(B)(ii), substituted "not later than 365 days before" for "as soon as possible during the 12-month period preceding", "365 days" for "90 days", and "retirement or other separation" for "discharge or release".

Subsec. (a)(3)(B). Pub. L. 115–232, §552(a)(1)(B)(iii), substituted "365" for "90" and "365-day" for "90-day".

Subsec. (b)(4)(C). Pub. L. 115–232, §553(b)(2), struck out "the public and community service jobs program carried out under section 1143a of this title, and" after "including".

Subsecs. (c), (d). Pub. L. 115–232, §552(a)(1)(C), (D), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (e). Pub. L. 115–232, §552(a)(1)(E), added subsec. (e).

2017-Subsec. (b)(4)(A). Pub. L. 115–91, §542(d), inserted ", including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses" before semicolon at end.

Subsec. (b)(18). Pub. L. 115–91, §541(a), added par. (18).

2016-Subsec. (b)(11). Pub. L. 114–328 inserted before period at end "and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse".

2015-Subsec. (a)(4)(A). Pub. L. 114–92, §552(1), substituted "the first 180 continuous days of active duty of the member" for "that member's first 180 days of active duty".

Subsec. (a)(4)(C). Pub. L. 114–92, §552(2), added subpar. (C).

2013-Subsec. (b)(4)(C). Pub. L. 112–239, §541(c), struck out "under section 2302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672)" before period at end.

Subsec. (b)(10). Pub. L. 112–239, §1076(f)(12), substituted "training," for "training,,".

Subsec. (b)(13). Pub. L. 112–239, §1699(c)(1), struck out "and the National Veterans Business Development Corporation" before period at end.

2011-Subsec. (a)(2). Pub. L. 112–56 substituted "shall" for "may".

Subsec. (a)(3)(B). Pub. L. 112–81, §513, inserted "or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 90-day requirement under subparagraph (A) unfeasible," after "or separation date,".

Subsec. (b)(5). Pub. L. 112–81, §529(1), substituted "inclusion of the spouse, at the discretion of the member and the spouse, when counseling regarding the matters covered by paragraphs (9), (10), and (16) is provided, job placement counseling for the spouse, and the provision of information on survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs" for "job placement counseling for the spouse".

Subsec. (b)(8). Pub. L. 112–81, §533(c), inserted before period at end "and the availability to the member and dependents of suicide prevention resources following separation from the armed forces".

Subsec. (b)(9). Pub. L. 112–81, §529(2), inserted before period at end ", including information on budgeting, saving, credit, loans, and taxes".

Subsec. (b)(10). Pub. L. 112–81, §529(3), substituted ", employment, and financial" for "and employment".

Subsec. (b)(16). Pub. L. 112–81, §529(4), added par. (16) and struck out former par. (16) which read as follows: "Contact information for housing counseling assistance."

Subsec. (b)(17). Pub. L. 112–81, §529(5), inserted before period at end ", and information regarding the means by which the member can receive additional counseling regarding the member's actual entitlement to such benefits and apply for such benefits".

2009-Subsec. (b)(4)(C). Pub. L. 111–84, §1073(a)(13)(A), substituted "the Troops-to-Teachers Program under section 2302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672)" for "the Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et seq.)".

Subsec. (b)(15). Pub. L. 111–84, §1073(a)(13)(B), substituted "Federal" for "federal" in two places.

2006-Subsec. (b)(4). Pub. L. 109–163, §594(1), substituted "Provision of information on civilian occupations and related assistance programs, including information concerning-

"(A) certification and licensure requirements that are applicable to civilian occupations;

"(B) civilian occupations that correspond to military occupational specialties; and

"(C)"

for "Information concerning".

Subsec. (b)(11) to (17). Pub. L. 109–163, §594(2), added pars. (11) to (17).

2001-Subsec. (a)(1). Pub. L. 107–103, §302(a)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: "As soon as possible before, but in no event later than 90 days before, the date of the discharge or release from active duty of a member of the armed forces, the Secretary concerned shall provide for individual preseparation counseling of the member."

Subsec. (a)(3), (4). Pub. L. 107–103, §302(a)(2), added pars. (3) and (4).

2000-Subsec. (b)(4). Pub. L. 106–398 substituted "sections 1152 and 1153 of this title and the Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et seq.)" for "sections 1151, 1152, and 1153 of this title".

1993-Subsec. (b)(4). Pub. L. 103–160 substituted "programs established under sections 1151, 1152, and 1153 of this title" for "program established under section 1151 of this title to assist members to obtain employment as elementary or secondary school teachers or teachers' aides".

Pub. L. 103–35 substituted "job placement assistance, including the public and community service jobs program carried out under section 1143a of this title, and information regarding the placement program established under section 1151 of this title to assist members to obtain employment as elementary or secondary school teachers or teachers' aides" for "job placement assistance and information regarding the placement program established under section 1151 of this title to assist members obtain employment as elementary or secondary school teachers or teachers' aides., including the public and community service jobs program carried out under section 1143a of this title".

1992-Subsec. (a)(1). Pub. L. 102–484, §4401(a), substituted "As soon as possible before, but in no event later than 90 days before, the date of the discharge" for "Upon the discharge".

Subsec. (b)(4). Pub. L. 102–484, §4462(b), inserted before period at end ", including the public and community service jobs program carried out under section 1143a of this title".

Pub. L. 102–484, §4441(b), inserted before period at end "and information regarding the placement program established under section 1151 of this title to assist members obtain employment as elementary or secondary school teachers or teachers' aides."

Subsec. (b)(10). Pub. L. 102–484, §4401(b), added par. (10).

1991-Subsec. (b)(5). Pub. L. 102–190 substituted period for semicolon at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–56, title II, §221(c), Nov. 21, 2011, 125 Stat. 716 , provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1144 of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [Nov. 21, 2011]."

Notice of Options for Naturalization Upon Separation

Pub. L. 117–81, div. A, title V, §523(b), Dec. 27, 2021, 135 Stat. 1687 , provided that: "The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to a member of the Armed Forces who is not a citizen of the United States, upon separation of such member, notice of options for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.)[.] Such notice shall inform the member of existing programs or services that may aid in the naturalization process of such member."

Inclusion of Question Regarding Immigration Status on Preseparation Counseling Checklist (DD Form 2648)

Pub. L. 116–92, div. A, title V, §570C, Dec. 20, 2019, 133 Stat. 1399 , provided that: "Not later than September 30, 2020, the Secretary of Defense shall modify the preseparation counseling checklist for active component, active guard reserve, active reserve, full time support, and reserve program administrator service members (DD Form 2648) to include a specific block wherein a member of the Armed Forces may indicate that the member would like to receive information regarding the immigration status of that member and expedited naturalization."

Connections of Members Retiring or Separating From the Armed Forces With Community-Based Organizations and Related Entities

Pub. L. 116–92, div. A, title V, §570F, Dec. 20, 2019, 133 Stat. 1401 , provided that:

"(a) In General.-The Secretary of Defense and the Secretary of Veterans Affairs shall jointly seek to enter into memoranda of understanding or other agreements with State veterans agencies under which information from Department of Defense Form DD–2648 on individuals undergoing retirement, discharge, or release from the Armed Forces is transmitted to one or more State veterans agencies, as elected by such individuals, to provide or connect veterans to benefits or services as follows:

"(1) Assistance in preparation of resumes.

"(2) Training for employment interviews.

"(3) Employment recruitment training.

"(4) Other services leading directly to a successful transition from military life to civilian life.

"(5) Healthcare, including care for mental health.

"(6) Transportation or transportation-related services.

"(7) Housing.

"(8) Such other benefits or services as the Secretaries jointly consider appropriate for purposes of this section.

"(b) Information Transmitted.-The information transmitted on individuals as described in subsection (a) shall be such information on Form DD–2648 as the Secretaries jointly consider appropriate to facilitate community-based organizations and related entities in providing or connecting such individuals to benefits and services as described in subsection (a).

"(c) Modification of Form DD–2648.-The Secretary of Defense shall make such modifications to Form DD–2648 as the Secretary considers appropriate to allow an individual filling out the form to indicate an email address at which the individual may be contacted to receive or be connected to benefits or services described in subsection (a).

"(d) Voluntary Participation.-Information on an individual may be transmitted to and through a State veterans agency as described in subsection (a) only with the consent of the individual. In giving such consent, an individual shall specify the following:

"(1) The State veterans agency or agencies elected by the individual to transmit such information as described in subsection (a).

"(2) The benefits and services for which contact information shall be so transmitted.

"(3) Such other information on the individual as the individual considers appropriate in connection with the transmittal."

Deadline for Counseling Pathways

Pub. L. 115–232, div. A, title V, §552(a)(2), Aug. 13, 2018, 132 Stat. 1770 , provided that: "Each Secretary concerned shall carry out subsection (c) of such section [10 U.S.C. 1142(c)], as amended by paragraph (1), not later than 1 year after the date of the enactment of this Act [Aug. 13, 2018]."

Notification of Members of the Armed Forces Undergoing Certain Administrative Separations of Potential Eligibility for Veterans Benefits

Pub. L. 115–91, div. A, title V, §528, Dec. 12, 2017, 131 Stat. 1383 , provided that:

"(a) Notification Required.-A member of the Armed Forces who receives an administrative separation or mandatory discharge under conditions other than honorable shall be provided written notification that the member may petition the Veterans Benefits Administration of the Department of Veterans Affairs to receive, despite the characterization of the member's service, certain benefits under the laws administered by the Secretary of Veterans Affairs.

"(b) Deadline for Notification.-Notification under subsection (a) shall be provided to a member described in such subsection in conjunction with the member's notification of the administrative separation or mandatory discharge or as soon thereafter as practicable."

Participation of Potential Caregivers in Appropriate Preseparation Counseling

Pub. L. 115–91, div. A, title V, §541(b), Dec. 12, 2017, 131 Stat. 1393 , provided that:

"(1) In general.-In accordance with procedures established by the Secretary of Defense, each Secretary of a military department shall take appropriate actions to achieve the following:

"(A) To determine whether each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing preseparation counseling pursuant to section 1142 of title 10, United States Code (as amended by subsection (a)), and who may require caregiver services after separation from the Armed Forces has identified an individual to provide such services after the member's separation.

"(B) In the case of a member described in subparagraph (A) who has identified an individual to provide caregiver services after the member's separation, at the election of the member, to permit such individual to participate in appropriate sessions of the member's preseparation counseling in order to inform such individual of-

"(i) the assistance and support services available to caregivers of members after separation from the Armed Forces; and

"(ii) the manner in which the member's transition to civilian life after separation may likely affect such individual as a caregiver.

"(2) Caregivers.-For purposes of this subsection, individuals who provide caregiver services refers to individuals (including a spouse, partner, parent, sibling, adult child, other relative, or friend) who provide physical or emotional assistance to former members of the Armed Forces during and after their transition from military life to civilian life following separation from the Armed Forces.

"(3) Deadline for commencement.-Each Secretary of a miliary [sic] department shall commence the actions required pursuant to this subsection by not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017]."

Application of Preseparation Counseling Requirements to Coast Guard

Pub. L. 103–337, div. A, title V, §543(a), Oct. 5, 1994, 108 Stat. 2769 , provided that: "As soon as possible after the date of the enactment of this Act [Oct. 5, 1994], the Secretary of Transportation shall implement the requirements of section 1142 of title 10, United States Code, for the Coast Guard."

Limitation on Funding To Carry Out Section 543 of Pub. L. 103–337

Pub. L. 103–337, div. A, title V, §543(h), Oct. 5, 1994, 108 Stat. 2772 , provided that: "Funds appropriated or otherwise made available to the Department of Defense, the Department of Education, the Department of Labor, or the Department of Veterans Affairs may not be used to carry out subsection (a) [set out above] or the amendments made by this section [amending sections 1144 and 1151 to 1153 of this title and provisions set out as notes under section 1143 of this title]."