Page:United States Statutes at Large Volume 70A.djvu/278

220 220 CHAPTER 361.—SEPARATION FOR VARIOUS REASONS Sec.

3811. 3812. 3813. 3814. 3815. 3816. 3818. 3820.

Army enlisted members: discharge certificate; limitations on discharge. Army enlisted members: during war or emergency; discharge. Army enlisted members: dependency discharge. Regular commissioned oflBcers: discharge during three-year probationary period. Regular enlisted members: resignation of members enlisted on career basis; limitations. Regular enlisted members: minority discharge. Regular female members: termination of appointment or enlistment. Army National Guard of United States ofllcers: discharge.

§3811.

Army enlisted members: discharge certificate; limitations on discharge (a) A discharge certificate shall be given to each lawfully inducted or enlisted member of the Army upon his discharge. (b) No enlisted member of the Army may be discharged before his term of service expires, except— (1) as prescribed by the Secretary of the Army; (2) by sentence of a general or special court-martial; or (3) as otherwise provided by law. §3812.

Army enlisted members: during war or emergency; discharge A person enlisted under section 3254 of this title may be discharged at any time by the President, or otherwise according to law.

§3813. Army enlisted members: dependency discharge The Secretary of the Army may discharge an enlisted member of the Army, if, after his enlistment or induction, members of his family become dependent upon him for care or support because of the death or disability of a member of that family. § 3814. Regular commissioned officers: discharge during threeyear probationary period The Secretary of the Army may discharge a regular commissioned officer who has less than three years of continuous service as a commissioned officer therein. However, such an officer may not be discharged because of his marriage, unless the marriage occurred within one year after the date of his original appointment. §3815.

Regular enlisted members: resignation of members enlisted on career basis; limitations (a) Except as provided in subsection (b), a Regular who serves at least three years of an enlistment for an unspecified period under section 3256(b) of this title may submit his resignation to the Secretary of the Army and shall be discharged within three months thereafter. (b) The Secretary is not required to accept a resignation submitted under subsection (a) — (1) until the member completes two years of service in his current overseas assignment, if the resignation is submitted after the member embarks for such an assignment or while he is stationed overseas; (2) until two years after the member completes a course of instruction under section 4301 of this title, if he has taken such a course:

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