Under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within one year before the expiration of the term of his enlistment or extended enlistment. A discharge under this section does not affect any right, privilege, or benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served.
Amendments
2011—Pub. L. 112–81 substituted "within one year" for "within three months".
Ex. Ord. No. 11498. Delegation of Authority to Secretary of Defense
Ex. Ord. No. 11498, Dec. 1, 1969, 34 F.R. 19125, provided:
By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered that the Secretary of Defense is hereby designated and empowered to approve regulations issued by the Secretaries concerned under section 1171 of title 10, United States Code, effective January 2, 1968, which relate to the early discharge of regular enlisted members of the armed forces.
Richard Nixon.
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