Pub. L. 87-651, tit. I, sec. 106

Sec. 106. (a) Section 1163 of title 10, United States Code, is amended by adding at the end: “(d) Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a reserve component who is on active duty and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system, may not be involuntarily released from that duty before he becomes eligible for that pay, unless his release is approved by the Secretary.” (b) Chapter 59 of title 10, United States Code, is amended by adding after section 1167: “§ 1168. Discharge or release from active duty: limitations “(a) A member of an armed force may not be discharged or released from active duty until his discharge certificate or certificate of release from active duty, respectively, and his final pay or a substantial part of that pay, are ready for delivery to him or his next of kin or legal representative. “(b) This section does not prevent the immediate transfer of a member to a Veterans’ Administration facility for necessary hospital care.” (c) Chapter 59 of title 10, United States Code, is further amended by adding at the end of the analysis: “1168. Discharge or release from active duty: limitations.”