---
kind: "section"
citation: "10 U.S.C. § 1170"
title: "10"
title_heading: "Armed Forces"
number: "1170"
heading: "Regular enlisted members: minority discharge"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1170"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 59 — Separation"
---

# §1170. Regular enlisted members: minority discharge


Upon application by the parents or guardian of a [regular](/usc/10/101.md?p=b-12) [enlisted member](/usc/10/101.md?p=b-6) of an armed force to the [Secretary concerned](/usc/10/2801.md?p=c-5) within 90 days after the member’s enlistment, the member shall be discharged for his own convenience, with the [pay](/usc/10/101.md?p=a-15) and form of discharge certificate to which his service entitles him, if—

- (1) there is evidence satisfactory to the [Secretary concerned](/usc/10/2801.md?p=c-5) that the member is under eighteen years of age; and
- (2) the member enlisted without the written consent of his parent or guardian.

## Source credit

(Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.)