TIMING OF PRESEPARATION COUNSELING.

SEC. 302. TIMING OF PRESEPARATION COUNSELING. (a) In General.—(1) The first sentence of section 1142(a)(1) of title 10, United States Code, is amended to read as follows: “Within the time periods specified in paragraph (3), the Secretary 115 STAT. 992concerned shall (except as provided in paragraph (4)) provide for individual preseparation counseling of each member of the armed forces whose discharge or release from active duty is anticipated as of a specific date”. (2) Such section is further amended by adding at the end the following new paragraphs: “(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 as soon as possible during the 12-month period preceding the anticipated date. Except as provided in subparagraph (B), in no event shall preseparation counseling commence later than 90 days before the date of discharge or release. “(B) In the event that a retirement or other separation is unanticipated until there are 90 or fewer days before the anticipated retirement or separation date, 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 that member’s first 180 days of active duty. “(B) Subparagraph (A) shall not apply in the case of a member who is being retired or separated for disability.”. (b) Conforming Amendment.—The second sentence of section 1144(a)(1) of title 10, United States Code, is amended by striking “during the 180-day period” and all that follows and inserting “within the time periods provided under paragraph (3) of section 1142(a) of this title, except that the Secretary concerned shall not provide preseparation counseling to a member described in paragraph (4)(A) of such section.”.