10 U.S.C. § 1142 : US Code - Section 1142: Preseparation counseling; transmittal of medical records to Department of Veterans Affairs

Search 10 U.S.C. § 1142 : US Code - Section 1142: Preseparation counseling; transmittal of medical records to Department of Veterans Affairs

(a) Requirement. - (1) Within the time periods specified in
paragraph (3), the Secretary concerned shall (except as provided in
paragraph (4)) provide for individual preseparation counseling of
each member of the armed forces whose discharge or release from
active duty is anticipated as of a specific date. A notation of the
provision of such counseling with respect to each matter specified
in subsection (b), signed by the member, shall be placed in the
service record of each member receiving such counseling.
(2) In carrying out this section, the Secretary concerned may use
the services available under section 1144 of this title.
(3)(A) In the case of an anticipated retirement, preseparation
counseling shall commence as soon as possible during the 24-month
period preceding the anticipated retirement date. In the case of a
separation other than a retirement, preseparation counseling shall
commence as soon as possible during the 12-month period preceding
the anticipated date. Except as provided in subparagraph (B), in no
event shall preseparation counseling commence later than 90 days
before the date of discharge or release.
(B) In the event that a retirement or other separation is
unanticipated until there are 90 or fewer days before the
anticipated retirement or separation date, preseparation counseling
shall begin as soon as possible within the remaining period of
service.
(4)(A) Subject to subparagraph (B), the Secretary concerned shall
not provide preseparation counseling to a member who is being
discharged or released before the completion of that member's first
180 days of active duty.
(B) Subparagraph (A) shall not apply in the case of a member who
is being retired or separated for disability.
(b) Matters To Be Covered By Counseling. - Counseling under this
section shall include the following:
(1) A discussion of the educational assistance benefits to
which the member is entitled under the Montgomery GI Bill and
other educational assistance programs because of the member's
service in the armed forces.
(2) A description (to be developed with the assistance of the
Secretary of Veterans Affairs) of the compensation and vocational
rehabilitation benefits to which the member may be entitled under
laws administered by the Secretary of Veterans Affairs, if the
member is being medically separated or is being retired under
chapter 61 of this title.
(3) An explanation of the procedures for and advantages of
affiliating with the Selected Reserve.
(4) Provision of information on civilian occupations and
related assistance programs, including information concerning -
(A) certification and licensure requirements that are
applicable to civilian occupations;
(B) civilian occupations that correspond to military
occupational specialties; and
(C) Government and private-sector programs for job search and
job placement assistance, including the public and community
service jobs program carried out under section 1143a of this
title, and information regarding the placement programs
established under sections 1152 and 1153 of this title and the
Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et
seq.).(!1)
(5) If the member has a spouse, job placement counseling for
the spouse.
(6) Information concerning the availability of relocation
assistance services and other benefits and services available to
persons leaving military service, as provided under section 1144
of this title.
(7) Information concerning the availability of medical and
dental coverage following separation from active duty, including
the opportunity to elect into the conversion health policy
provided under section 1145 of this title.
(8) Counseling (for the member and dependents) on the effect of
career change on individuals and their families.
(9) Financial planning assistance.
(10) The creation of a transition plan for the member to
attempt to achieve the educational, training, and employment
objectives of the member and, if the member has a spouse, the
spouse of the member.
(11) Information concerning the availability of mental health
services and the treatment of post-traumatic stress disorder,
anxiety disorders, depression, suicidal ideations, or other
mental health conditions associated with service in the armed
forces.
(12) Information concerning the priority of service for
veterans in the receipt of employment, training, and placement
services provided under qualified job training programs of the
Department of Labor.
(13) Information concerning veterans small business ownership
and entrepreneurship programs of the Small Business
Administration and the National Veterans Business Development
Corporation.
(14) Information concerning employment and reemployment rights
and obligations under chapter 43 of title 38.
(15) Information concerning veterans preference in federal (!2)
employment and federal (!2) procurement opportunities.
(16) Contact information for housing counseling assistance.
(17) A description, developed in consultation with the
Secretary of Veterans Affairs, of health care and other benefits
to which the member may be entitled under the laws administered
by the Secretary of Veterans Affairs.
(c) Transmittal of Medical Information to Department of Veterans
Affairs. - In the case of a member being medically separated or
being retired under chapter 61 of this title, the Secretary
concerned shall ensure (subject to the consent of the member) that
a copy of the member's service medical record (including any
results of a Physical Evaluation Board) is transmitted to the
Secretary of Veterans Affairs within 60 days of the separation or
retirement.