[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR88.3]

[Page 436-437]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 88--TRANSITION ASSISTANCE FOR MILITARY PERSONNEL--Table of Contents
 
Sec. 88.3  Definitions.

    (a) Involuntary separation. A member of the Military Service shall 
be considered to be involuntarily separated if he or she was on active 
duty or full-time National Guard duty on September 30, 1990 and:
    (1) In the case of a Regular officer (other than a retired officer), 
he or she was involuntarily discharged under other than adverse 
conditions, as characterized by the Secretary of the separating Service 
member's Military Department. Discharge under adverse conditions is 
determined by referring to the reason for separation as well as the 
officer's service, as outlined in Department of Defense Directive 
1332.30.\2\
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    \2\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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    (2) In the case of a Reserve officer who is on the active duty list 
or, if not on the active duty list, is on full-time active duty (or in 
the case of a member of the National Guard, full time National Guard 
duty) for the purpose of organizing, administering, recruiting, 
instructing, or training the Reserve components, he or she is 
involuntarily discharged or released from active duty or full-time 
National Guard duty (other than a release from active duty or full-time 
National Guard duty incident to a transfer to retired status) under 
other than adverse conditions as characterized by the Secretary of the 
separating Service member's Military Department. Discharge under adverse 
conditions is determined by referring to the reason for separation as 
well as the officer's service, as outlined in Department of Defense 
Directive 1332.30.
    (3) In the case of a Regular enlisted member serving on active duty, 
he or she is denied reenlistment or involuntarily discharged under other 
than adverse conditions, as characterized by the Secretary of the 
separating Service member's Military Department. Discharge under adverse 
conditions is determined by referring to the reason for separation as 
well as the enlisted member's service, as outlined in Department of 
Defense Directive 1332.14.\3\
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    \3\ See footnote 2 to section 88.3(a)(1).
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    (4) In the case of a Reserve enlisted member who is on full-time 
active duty (or in the case of a member of the National Guard, full-time 
National Guard duty) for the purpose of organizing, administering, 
recruiting, instructing, or training the Reserve components, he or she 
is denied reenlistment or is involuntarily discharged or released from 
active duty (or full-time National Guard duty) under other than adverse 
conditions as determined by referring to the reason for separation as 
well as the enlisted member's service, as outlined in Department of 
Defense Directive 1332.14.
    (b) Separation entitlements. Benefits provided to Service members 
being involuntarily separated on or before September 30, 1995 as defined 
in paragraphs (a)(1) through (a)(4) of this section, and their families. 
Benefits provided to Service members being separated under the Special 
Separation Benefit or Voluntary Separation Incentive on or before 
September 30, 1995, as defined in paragraph (c) of this section and 
their families. These benefits include: Training opportunities under the 
Job Training Partnership Act as described in section 4465 of Public Law 
102-484; priority affiliation with the National Guard and Reserve, as 
described in section 502(a)(1) of Public Law 101-510, as amended; 
enrolled in the All-Volunteer Force Educational Assistance Program 
(``Montgomery G.I. Bill''), as described

[[Page 437]]

in section 4404 of Public Law 102-484; extended medical and dental care, 
as described in section 502(a)(1) of Public Law 101-510, as amended, and 
sections 4407 and 4408 of Public Law 102-484; continued use of military 
family housing as described in section 502 (a)(1) of Public Law 101-510, 
as amended (subject to Status of Forces Agreements overseas); extended 
and commissary privileges as detailed in section 502(a)(1) of Public Law 
101-510, as amended (subject to Status of Forces Agreements overseas); 
travel and transportation allowances, as detailed in section 503 of 
Public Law No. 101-510, as amended; continuation of enrollment in 
Department of Defense Dependents Schools as detailed in section 504 of 
Public Law 101-510, as amended (subject to Status of Forces Agreements 
overseas.)
    (c) Special separation benefit and voluntary separation incentive. 
Voluntary separation programs established in section 661 and section 662 
of Public Law 102-190, as amended. Service members separated under these 
programs are eligible for both transition services and separation 
entitlements outlined in paragraphs (b) and (d) of this section.
    (d) Transition services. Preseparation counseling, individual 
transition planning, employment assistance, excess leave and permissive 
temporary duty, and relocation assistance for personnel overseas as 
described in section 502 (a)(1) of Public Law 101-510, as amended.