10-U.S.C.-1146
§1146 – Commissary and Exchange Benefits
Pathway
Title 10 > Subtitle A > Part II > Chapter 58 > Section 1146
Details
- Reference: Section 1146
- Legend: §1146 – Commissary and Exchange Benefits
- USCode Year: 2013
Provision Content
(a) Members Involuntarily Separated From Active Duty.—The Secretary of Defense shall prescribe regulations to allow a member of the armed forces who is involuntarily separated from active duty during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period.
(b) Members Involuntarily Separated From Selected Reserve.—The Secretary of Defense shall prescribe regulations to allow a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve as a result of the exercise of the force shaping authority of the Secretary concerned under section 647 of this title or other force shaping authority during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period when the Coast Guard is not operating as a service in the Navy.
(c) Members Receiving Sole Survivorship Discharge.—A member of the armed forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to continue to use commissary and exchange stores and morale, welfare, and recreational facilities in the same manner as a member on active duty during the two-year period beginning on the later of the following dates:
(1) The date of the separation of the member.
(2) The date on which the member is first notified of the members entitlement to benefits under this section.
(Added Pub. L. 101–510, div. A, title V, §502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended Pub. L. 103–160, div. A, title V, §561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, §542(a)(5), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, §561(i), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, §1 [[div. A], title V, §571(i)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 110–181, div. A, title VI, §651, Jan. 28, 2008, 122 Stat. 162; Pub. L. 110–317, §5, Aug. 29, 2008, 122 Stat. 3528; Pub. L. 111–383, div. A, title X, §1075(b)(16), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 112–239, div. A, title VI, §631, title X, §1076(f)(16), Jan. 2, 2013, 126 Stat. 1781, 1952.)
Amendments
2013—Subsec. (a). Pub. L. 112–239, §631(a)(1), (b)(1), substituted 2018 for 2012 and The Secretary concerned for The Secretary of Transportation.
Subsec. (b). Pub. L. 112–239, §1076(f)(16), inserted when the Coast Guard is not operating as a service in the Navy before period at end.
Pub. L. 112–239, §631(a)(2), (b)(2), substituted 2018 for 2012 and The Secretary concerned for The Secretary of Homeland Security.
2011—Subsec. (a). Pub. L. 111–383, §1075(b)(16)(A), struck out (a) Benefits for Members Involuntarily Separated.— before The Secretary.
Subsec. (b). Pub. L. 111–383, §1075(b)(16)(B), redesignated subsec. (b) relating to benefits for members receiving sole survivorship discharge as (c).
Subsec. (c). Pub. L. 111–383, §1075(b)(16)(B), (C), redesignated subsec. (b) relating to benefits for members receiving sole survivorship discharge as (c), struck out Benefits for before Members in heading, and substituted armed forces for Armed Forces in introductory provisions and the members entitlement for the members entitlement in par. (2).
2008—Pub. L. 110–317 substituted (a) Benefits for Members Involuntarily Separated.—The Secretary of Defense for The Secretary of Defense and added subsec. (b) relating to benefits for members receiving sole survivorship discharge.
Pub. L. 110–181 inserted (a) Members Involuntarily Separated From Active Duty.— before The Secretary of Defense, substituted October 1, 2007, and ending on December 31, 2012 for October 1, 1990, and ending on December 31, 2001 in first sentence and the same period for the period beginning on October 1, 1994, and ending on December 31, 2001 in second sentence, and added subsec. (b) relating to members involuntarily separated from the Selected Reserve.
2000—Pub. L. 106–398 substituted December 31, 2001 for September 30, 2001 in two places.
1998—Pub. L. 105–261 substituted during the period beginning on October 1, 1990, and ending on September 30, 2001 for during the nine-year period beginning on October 1, 1990 and during the period beginning on October 1, 1994, and ending on September 30, 2001 for during the five-year period beginning on October 1, 1994.
1994—Pub. L. 103–337 inserted at end The Secretary of Transportation shall implement this provision for Coast Guard members involuntarily separated during the five-year period beginning October 1, 1994.
1993—Pub. L. 103–160 substituted nine-year period for five-year period.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1130 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1130, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-1108 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-1108, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
Leave a Reply