---
kind: "section"
citation: "10 U.S.C. § 1175a"
title: "10"
title_heading: "Armed Forces"
number: "1175a"
heading: "Voluntary separation pay and benefits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1175a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 59 — Separation"
---

# §1175a. Voluntary separation pay and benefits

- (a) **In General.—** Under regulations approved by the [Secretary](/usc/10/4951.md?p=3) of Defense, the [Secretary concerned](/usc/10/2801.md?p=c-5) may provide voluntary separation [pay](/usc/10/101.md?p=a-15) and benefits in accordance with this section to eligible members of the [armed forces](/usc/10/101.md?p=a-4) who are voluntarily separated from [active duty](/usc/10/101.md?p=d-1) in the [armed forces](/usc/10/101.md?p=a-4).
- (b) **Eligible Members.—**
  - (1) Except as provided in [paragraph (2)](#b-2), a member of the [armed forces](/usc/10/101.md?p=a-4) is eligible for voluntary separation [pay](/usc/10/101.md?p=a-15) and benefits under this section if the member—
    - (A) has served on [active duty](/usc/10/101.md?p=d-1) for more than 6 years but not more than 20 years;
    - (B) has served at least 5 years of continuous [active duty](/usc/10/101.md?p=d-1) immediately preceding the date of the member’s separation from [active duty](/usc/10/101.md?p=d-1);
    - (C) has not been approved for payment of a voluntary separation incentive under [section 1175 of this title](/usc/10/1175.md);
    - (D) meets such other requirements as the [Secretary concerned](/usc/10/2801.md?p=c-5) may prescribe, which may include requirements relating to—
      - (i) years of service, skill, [rating](/usc/10/101.md?p=b-9), [military](/usc/10/801.md?p=8) specialty, or competitive category;
      - (ii) [grade](/usc/10/101.md?p=b-7) or [rank](/usc/10/101.md?p=b-8);
      - (iii) remaining period of obligated service; or
      - (iv) any combination of these factors; and
    - (E) requests separation from [active duty](/usc/10/101.md?p=d-1).
  - (2) The following members are not eligible for voluntary separation [pay](/usc/10/101.md?p=a-15) and benefits under this section:
    - (A) Members discharged with disability severance [pay](/usc/10/101.md?p=a-15) under [section 1212 of this title](/usc/10/1212.md).
    - (B) Members transferred to the temporary disability retired list under section [1202](/usc/10/1202.md) or [1205](/usc/10/1205.md) of this title.
    - (C) Members being evaluated for disability retirement under [chapter 61](/usc/10/chstA/ptII/ch61.md) of this title.
    - (D) Members who have been previously discharged with voluntary separation [pay](/usc/10/101.md?p=a-15).
    - (E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations.
  - (3) The [Secretary concerned](/usc/10/2801.md?p=c-5) shall determine each year the number of members to be separated, and provided separation [pay](/usc/10/101.md?p=a-15) and benefits, under this section during the fiscal year beginning in such year.
- (c) **Separation.—** Each eligible member of the [armed forces](/usc/10/101.md?p=a-4) whose request for separation from [active duty](/usc/10/101.md?p=d-1) under [subsection (b)(1)(E)](#b-1-E) is approved shall be separated from [active duty](/usc/10/101.md?p=d-1).
- (d) **Additional Service in Ready Reserve.—** Of the number of members of the [armed forces](/usc/10/101.md?p=a-4) to be separated from [active duty](/usc/10/101.md?p=d-1) in a fiscal year, as determined under [subsection (b)(3)](#b-3), the [Secretary concerned](/usc/10/2801.md?p=c-5) shall determine a number of such members, in such skill and [grade](/usc/10/101.md?p=b-7) combinations as the [Secretary concerned](/usc/10/2801.md?p=c-5) shall designate, who shall serve in the Ready [Reserve](/usc/10/101.md?p=c-6), after separation from [active duty](/usc/10/101.md?p=d-1), for a period of not less than three years, as a condition of the receipt of voluntary separation [pay](/usc/10/101.md?p=a-15) and benefits under this section.
- (e) **Separation Pay and Benefits.—**
  - (1) A member of the [armed forces](/usc/10/101.md?p=a-4) who is separated from [active duty](/usc/10/101.md?p=d-1) under [subsection (c)](#c) shall be paid voluntary separation [pay](/usc/10/101.md?p=a-15) in accordance with [subsection (g)](#g) in an amount determined by the [Secretary concerned](/usc/10/2801.md?p=c-5) pursuant to [subsection (f)](#f).
  - (2) A member who is not entitled to retired or retainer [pay](/usc/10/101.md?p=a-15) upon separation shall be entitled to the benefits and services provided under—
    - (A) [chapter 58](/usc/10/chstA/ptII/ch58.md) of this title during the 180-day period beginning on the date the member is separated (notwithstanding any termination date for such benefits and services otherwise applicable under the provisions of such chapter); and
    - (B) sections 452 and 453(c) of title 37.
- (f) **Computation of Voluntary Separation Pay.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) shall specify the amount of voluntary separation [pay](/usc/10/101.md?p=a-15) that an individual or defined group of members of the [armed forces](/usc/10/101.md?p=a-4) may be paid under [subsection (e)(1)](#e-1). No member may receive as voluntary separation [pay](/usc/10/101.md?p=a-15) an amount greater than four times the full amount of separation [pay](/usc/10/101.md?p=a-15) for a member of the same [pay](/usc/10/101.md?p=a-15) [grade](/usc/10/101.md?p=b-7) and years of service who is involuntarily separated under [section 1174 of this title](/usc/10/1174.md).
- (g) **Payment of Voluntary Separation Pay.—**
  - (1) Voluntary separation [pay](/usc/10/101.md?p=a-15) under this section may be paid in a single lump sum.
  - (2) In the case of a member of the [armed forces](/usc/10/101.md?p=a-4) who, at the time of separation under [subsection (c)](#c), has completed at least 15 years, but less than 20 years, of [active service](/usc/10/101.md?p=d-3), voluntary separation [pay](/usc/10/101.md?p=a-15) may be paid, at the election of the [Secretary concerned](/usc/10/2801.md?p=c-5), in—
    - (A) a single lump sum;
    - (B) installments over a period not to exceed 10 years; or
    - (C) a combination of lump sum and such installments.
- (h) **Coordination With Retired or Retainer Pay and Disability Compensation.—**
  - (1) A member who is paid voluntary separation [pay](/usc/10/101.md?p=a-15) under this section and who later qualifies for retired or retainer [pay](/usc/10/101.md?p=a-15) under this title or [title 14](/usc/14.md) shall have deducted from each payment of such retired or retainer [pay](/usc/10/101.md?p=a-15) an amount, in such schedule of monthly installments as the [Secretary concerned](/usc/10/2801.md?p=c-5) shall specify, until the total amount deducted from such retired or retainer [pay](/usc/10/101.md?p=a-15) is equal to the total amount of voluntary separation [pay](/usc/10/101.md?p=a-15) so paid.
  - (2)
    - (A) Except as provided in subparagraphs [(B)](#h-2-B) and [(C)](#h-2-C), a member who is paid voluntary separation [pay](/usc/10/101.md?p=a-15) under this section shall not be deprived, by reason of the member’s receipt of such [pay](/usc/10/101.md?p=a-15), of any disability compensation to which the member is entitled under the laws administered by the [Secretary](/usc/10/4951.md?p=3) of Veterans Affairs, but there shall be deducted from such disability compensation an amount, in such schedule of monthly installments as the [Secretary concerned](/usc/10/2801.md?p=c-5) shall specify, until the total amount deducted from such disability compensation is equal to the total amount of voluntary separation [pay](/usc/10/101.md?p=a-15) so paid, less the amount of Federal income tax withheld from such [pay](/usc/10/101.md?p=a-15) (such withholding being at the flat withholding [rate](/usc/10/101.md?p=b-9) for Federal income tax withholding, as in effect pursuant to regulations prescribed under [chapter 24](/usc/10/chstA/ptI/ch24.md) of the Internal Revenue Code of 1986).
    - (B) No deduction shall be made from the disability compensation paid to an eligible disabled [uniformed services](/usc/10/1072.md?p=1) retiree under [section 1413](/usc/10/1413.md), or to an eligible combat-related disabled [uniformed services](/usc/10/1072.md?p=1) retiree under [section 1413a of this title](/usc/10/1413a.md), who is paid voluntary separation [pay](/usc/10/101.md?p=a-15) under this section.
    - (C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation [pay](/usc/10/101.md?p=a-15) received by the member because of an earlier discharge or [release](/usc/10/2700.md?p=2) from a period of [active duty](/usc/10/101.md?p=d-1) if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of [active duty](/usc/10/101.md?p=d-1).
  - (3) The requirement under this subsection to repay voluntary separation [pay](/usc/10/101.md?p=a-15) following retirement from the [armed forces](/usc/10/101.md?p=a-4) does not apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation [pay](/usc/10/101.md?p=a-15) and benefits under this section.
  - (4) The [Secretary concerned](/usc/10/2801.md?p=c-5) may waive the requirement to repay voluntary separation [pay](/usc/10/101.md?p=a-15) under paragraphs [(1)](#h-1) and [(2)](#h-2) if the [Secretary](/usc/10/4951.md?p=3) determines that recovery would be against equity and good conscience or would be contrary to the best interests of the [United States](/usc/10/101.md?p=a-1).
- (i) **Retirement Defined.—** In this section, the term “retirement” [includes](/usc/10/101.md?p=g-4) a transfer to the Fleet [Reserve](/usc/10/101.md?p=c-6) or Fleet Marine Corps [Reserve](/usc/10/101.md?p=c-6).
- (j) **Repayment for Members Who Return to Active Duty.—**
  - (1) Except as provided in paragraphs [(2)](#j-2), [(3)](#j-3), and [(4)](#j-4), a member of the [armed forces](/usc/10/101.md?p=a-4) who, after having received all or part of voluntary separation [pay](/usc/10/101.md?p=a-15) under this section, returns to [active duty](/usc/10/101.md?p=d-1) shall have deducted from each payment of basic [pay](/usc/10/101.md?p=a-15), in such schedule of monthly installments as the [Secretary concerned](/usc/10/2801.md?p=c-5) shall specify, until the total amount deducted from such basic [pay](/usc/10/101.md?p=a-15) equals the total amount of voluntary separation [pay](/usc/10/101.md?p=a-15) received.
  - (2) Members who are involuntarily recalled to [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5) in accordance with section [12301(a)](/usc/10/12301.md?p=a), [12301(b)](/usc/10/12301.md?p=b), [12301(g)](/usc/10/12301.md?p=g), [12302](/usc/10/12302.md), [12303](/usc/10/12303.md), [12304](/usc/10/12304.md), [12304a](/usc/10/12304a.md), or [12304b](/usc/10/12304b.md) of this title or [section 502(f)(1)(A) of title 32](/usc/32/502.md?p=f-1-A) shall not be subject to this subsection.
  - (3) Members who are recalled or perform [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5) in accordance with section [101(d)(1)](/usc/10/101.md?p=d-1), [101(d)(2)](/usc/10/101.md?p=d-2), [101(d)(5)](/usc/10/101.md?p=d-5), [12301(d)](/usc/10/12301.md?p=d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or [12503](/usc/10/12503.md) of this title, or section [114](/usc/32/114.md), [115](/usc/32/115.md), or [502(f)(1)(B)](/usc/32/502.md?p=f-1-B) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection.
  - (4) This subsection shall not apply to a member who—
    - (A) is involuntarily recalled to [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5); and
    - (B) in the course of such duty, incurs a service-connected disability rated as total under [section 1155 of title 38](/usc/38/1155.md).
  - (5) The [Secretary](/usc/10/4951.md?p=3) of Defense may waive, in whole or in part, repayment required under [paragraph (1)](#j-1) if the [Secretary](/usc/10/4951.md?p=3) determines that recovery would be against equity and good conscience or would be contrary to the best interests of the [United States](/usc/10/101.md?p=a-1). The authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness.
- (k) **Termination of Authority.—**
  - (1) The authority to separate a member of the [armed forces](/usc/10/101.md?p=a-4) from [active duty](/usc/10/101.md?p=d-1) under [subsection (c)](#c) shall terminate on December 31, 2030.
  - (2) A member who separates by the date specified in [paragraph (1)](#k-1) may continue to be provided voluntary separation [pay](/usc/10/101.md?p=a-15) and benefits under this section until the member has received the entire amount of [pay](/usc/10/101.md?p=a-15) and benefits to which the member is entitled under this section.

## Source credit

(Added Pub. L. 109–163, div. A, title VI, § 643(a)(1), Jan. 6, 2006, 119 Stat. 3306; amended Pub. L. 109–364, div. A, title VI, § 623(a)(1), (2), Oct. 17, 2006, 120 Stat. 2256; Pub. L. 111–84, div. A, title X, § 1073(a)(14), Oct. 28, 2009, 123 Stat. 2473; Pub. L. 111–383, div. A, title X, § 1075(b)(18), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 112–81, div. A, title V, § 526, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1401, 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 114–328, div. A, title V, §§ 508(c), 526, Dec. 23, 2016, 130 Stat. 2109, 2117; Pub. L. 116–92, div. A, title VI, § 603, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 117–263, div. A, title VI, § 626(c)(4), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 119–60, div. A, title VI, § 612, Dec. 18, 2025, 139 Stat. 907.)

## Notes

### Editorial Notes

### References in Text

Chapter 24 of the Internal Revenue Code of 1986, referred to in subsec. (h)(2)(A), is classified generally to chapter 24 (§ 3401 et seq.) of Title 26, Internal Revenue Code.

### Amendments

2025—Subsec. (k)(1). Pub. L. 119–60 substituted “December 31, 2030” for “December 31, 2025”.

2022—Subsec. (e)(2)(B). Pub. L. 117–263 substituted “sections 452 and 453(c)” for “sections 474 and 476”.

2019—Subsec. (j)(1). Pub. L. 116–92, § 603(1), substituted “paragraphs (2), (3), and (4)” for “paragraphs (2) and (3)”.

Subsec. (j)(4), (5). Pub. L. 116–92, § 603(2), (3), added par. (4) and redesignated former par. (4) as (5).

2016—Subsec. (j)(2). Pub. L. 114–328, § 526(1), substituted “12304, 12304a, or 12304b” for “or 12304” and “502(f)(1)(A)” for “502(f)(1)”.

Subsec. (j)(3). Pub. L. 114–328, § 526(2), substituted “502(f)(1)(B)” for “502(f)(2)”.

Subsec. (k)(1). Pub. L. 114–328, § 508(c), substituted “December 31, 2025” for “December 31, 2018”.

2013—Subsec. (e)(2)(B). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.

2011—Subsec. (e)(2)(B). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404” and “476” for “406”.

Subsec. (j)(3). Pub. L. 111–383 substituted “this title” for “title 10”.

Subsec. (k)(1). Pub. L. 112–81, § 526, substituted “December 31, 2018” for “December 31, 2012”.

2009—Subsec. (h)(1). Pub. L. 111–84 substituted “qualifies” for “qualities”.

2006—Subsec. (f). Pub. L. 109–364, § 623(a)(1), substituted “four” for “two”.

Subsec. (k)(1). Pub. L. 109–364, § 623(a)(2), substituted “2012” for “2008”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

### Limitation on Applicability

Pub. L. 109–163, div. A, title VI, § 643(b), Jan. 6, 2006, 119 Stat. 3310, which provided that, during the period beginning on Jan. 6, 2006, and ending on Dec. 31, 2008, members eligible for separation and for voluntary separation pay and benefits under this section would be limited to officers who had met the eligibility requirements of this section, but had not completed more than 12 years of active service as of the date of separation, was repealed by Pub. L. 109–364, div. A, title VI, § 623(a)(3), Oct. 17, 2006, 120 Stat. 2256.