Page:United States Statutes at Large Volume 105 Part 2.djvu/443

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1395 personnel defined by the Secretary in order to meet a need of the armed force under the Secretary's jurisdiction to reduce the number of members in certain grades, the number of members who have completed a certain number of years of active service, or the number of members who possess certain military skills or are serving in designated competitive categories. "(2) Any category prescribed by the Secretary concerned for regular officers, regular enlisted members, or other members pursuant to paragraph (1) shall be consistent with the categories applicable to regular officers, regular enlisted members, or other members, respectively, under the voluntary separation incentive program under section 1175 of this title or any other program established by law or by that Secretary for the involuntary separation of such members in the administration of a reduction in force. "(3) A member of the armed forces offered a voluntary separation incentive under section 1175 of this title shall also be offered the opportunity to request separation under a program established pursuant to this section. If the Secretary of the military department concerned approves a request for separation under either such section, the member shall be separated under the authority of the section selected by such member. "(f) APPLICATION REQUIREMENTS. —(1) In order to be separated under a program established pursuant to this section— "(A) a regular enlisted member eligible for separation under ,, that program shall— "(i) submit a request for separation under the program before the expiration of the member's term of enlistment; or "(ii) upon discharge at the end of such term, enter into a written agreement (pursuant to regulations prescribed by the Secretary concerned) not to request reenlistment in a regular component; and "(B) a member referred to in subsection (d)(3) eligible for separation under that program shall submit a request for separation to the Secretary concerned before the expiration of the member's established term of active service. "(2) For purposes of this section, the entry of a member into an agreement referred to in paragraph (l)(A)(ii) under a program established pursuant to this section shall be considered a request for separation under the program. " (g) OTHER CONDITIONS, REQUIREMENTS, AND ADMINISTRATIVE PROVISIONS.—Subsections (e) through (h), other than subsection (e)(2)(A), of section 1174 of this title shall apply in the administration of programs established under this section. "(h) TERMINATION OF PROGRAM.— (1) Except as provided in paragraph (2), the Secretary of a military department may not conduct a program pursuant to this section after September 30, 1995. "(2) No member of the armed forces may be separated under a program established pursuant to this section after the date of the termination of that program.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1174 the following new item: "1174a. Special separation benefits programs. ". (b) COMMENCEMENT OF PROGRAMS WITHIN 60 DAYS. —The Sec- lo use ii74a retary of each military department shall commence the program "''^

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