In subsection (a), the words “Upon separation” are inserted for clarity. The words “his years of service * * * computed under section 1208 of this title” are substituted for the words “a number of years equal to the number of years of active service to which such member is entitled under the provisions of section 282 of this title”. The words “but not more than 12” are substituted for the words “but not to exceed a total of two years’ basic pay”, to simplify the necessary calculation. The substituted words produce the same result. The word “rating” is omitted as covered by the words “grade” and “rank”.

In clause (2)(A)–(D), the words “Twice the amount of monthly” are substituted for the words “An amount equal to two months’ ”. The words “if his name was not carried on that list” are substituted for the words “whichever is earlier”, since the member might be separated without ever being carried on the list. The word “rating” is omitted as surplusage.

In clause (2)(B), the words “the Secretary of the military department, or the Secretary of the Treasury, as the case may be, having jurisdiction over the armed force from which he is separated” are substituted for the words “the Secretary concerned” for clarity.

In clause (2)(C), the words “regular or reserve” are inserted, since they are the only “permanent” grades.

Clause (2)(D) is based on that part of the third proviso of 37:273 relating to promotions other than regular or reserve.

In subsection (b), the words “and a part of a year that is less than six months is disregarded” are inserted to reflect the legislative history of the rule (see Senate Hearings on H.R. 5007, 81st Cong., page 313). The words “for himself or his dependents” are omitted as surplusage.

2008—Subsec. (a)(1). Pub. L. 110–181, § 1646(a)(1), substituted “the member’s years of service computed under section 1208 of this title (subject to the minimum and maximum years of service provided for in subsection (c))” for “his years of service, but not more than 12, computed under section 1208 of this title”.

Subsec. (c). Pub. L. 110–181, § 1646(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 110–181, § 1646(b), designated existing provisions as par. (1), struck out “However, no deduction may be made from any death compensation to which his dependents become entitled after his death.” at end, and added pars. (2) and (3).

Pub. L. 110–181, § 1646(a)(2), redesignated subsec. (c) as (d).

2002—Subsec. (a)(2)(B). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

2001—Subsec. (a)(2)(C), (D). Pub. L. 107–107 struck out “for promotion” after “physical examination”.

1989—Subsec. (c). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1980—Subsec. (a). Pub. L. 96–513 substituted “Secretary of Transportation” for “Secretary of the Treasury”.

Pub. L. 110–181, div. A, title XVI, § 1646(d), formerly § 1646(c), Jan. 28, 2008, 122 Stat. 472, renumbered § 1646(d) by Pub. L. 110–389, title I, § 103(a)(1), Oct. 10, 2008, 122 Stat. 4148, provided that: “The amendments made by this section [amending this section and section 1161 of Title 38, Veterans’ Benefits] shall take effect on the date of the enactment of this Act [Jan. 28, 2008], and shall apply with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date.”

[Amendment by Pub. L. 110–389, § 103(a)(1), redesignating section 1646(c) as 1646(d) of Pub. L. 110–181, set out above, effective Jan. 28, 2008, as if included in the Wounded Warrior Act, title XVI of Pub. L. 110–181, to which such amendment relates, see section 103(b) of Pub. L. 110–389, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 38, Veterans’ Benefits.]

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Pub. L. 107–107, div. A, title V, § 593(b), Dec. 28, 2001, 115 Stat. 1126, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to members separated under section 1203 or 1206 of title 10, United States Code, on or after date of the enactment of this Act [Dec. 28, 2001].”

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.