§ 1174a. Special separation benefits programs
(a)
Requirement for Programs.—
The Secretary concerned shall carry out a special separation benefits program under this section. An eligible member of the armed forces may request separation under the program. The request shall be subject to the approval of the Secretary.
(b)
Benefits.—
Upon the approval of the request of an eligible member, the member shall—
(1)
be released from active duty or full-time National Guard duty or discharged, as the case may be; and
(2)
be entitled to—
(A)
separation pay equal to 15 percent of the product of
(ii)
12 times the monthly basic pay to which the member is entitled at the time of his discharge or release from active duty; and
(B)
the same benefits and services as are provided under chapter
58 of this title, sections
404 and
406 of title
37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; 37 U.S.C. 406 note ) for members of the armed forces who are involuntarily separated within the meaning of section
1141 of this title.
(c)
Eligibility.—
Subject to subsections (d) and (e), a member of an armed force is eligible for voluntary separation under a program established for that armed force pursuant to this section if the member—
(1)
has not been approved for payment of a voluntary separation incentive under section
1175 of this title;
(2)
has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for more than 6 years;
(3)
has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for not more than 20 years;
(d)
Program Applicability.—
The Secretary concerned may provide for the program under this section to apply to any of the following members:
(e)
Applicability Subject to Needs of the Service.—
(1)
Subject to paragraphs (2) and (3), the Secretary concerned may limit the applicability of a program under this section to any category of personnel defined by the Secretary in order to meet a need of the armed force under the Secretary’s jurisdiction to reduce the number of members in certain grades, the number of members who have completed a certain number of years of active service, or the number of members who possess certain military skills or are serving in designated competitive categories.
(2)
Any category prescribed by the Secretary concerned for regular officers, regular enlisted members, or other members pursuant to paragraph (1) shall be consistent with the categories applicable to regular officers, regular enlisted members, or other members, respectively, under the voluntary separation incentive program under section
1175 of this title or any other program established by law or by that Secretary for the involuntary separation of such members in the administration of a reduction in force.
(3)
A member of the armed forces offered a voluntary separation incentive under section
1175 of this title shall also be offered the opportunity to request separation under a program established pursuant to this section. If the Secretary concerned approves a request for separation under either such section, the member shall be separated under the authority of the section selected by such member.
(f)
Application Requirements.—
(g)
Other Conditions, Requirements, and Administrative Provisions.—
Subsections (e) through (h), other than subsection (e)(2)(A), of section
1174 of this title shall apply in the administration of programs established under this section.
(h)
Termination of Program.—