10 USC § 1171 - Regular enlisted members: early discharge

---
identifier: "/us/usc/t10/s1171"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1171 - Regular enlisted members: early discharge"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1171"
section_name: "Regular enlisted members: early discharge"
chapter_number: 59
chapter_name: "SEPARATION"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757; amended Pub. L. 112–81, div. A, title V, § 525, Dec. 31, 2011, 125 Stat. 1401.)"
---


# § 1171. Regular enlisted members: early discharge

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.

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**Source Credit**: (Added Pub. L. 90–235, § 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757; amended Pub. L. 112–81, div. A, title V, § 525, Dec. 31, 2011, 125 Stat. 1401.)

## Editorial Notes

### Amendments

2011— substituted “within one year” for “within three months”.

## Executive Documents

### Ex. Ord. No. 11498. Delegation of Authority to Secretary of Defense

Ex. Ord. No. 11498, , 34 F.R. 19125, provided:

By virtue of the authority vested in me by  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 , United States Code, effective , which relate to the early discharge of regular enlisted members of the armed forces.