---
title: "Check a proposed early discharge of a regular enlisted member"
url: "https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-a-notice-proposing-an-early-end-of-service/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A64-LA20261022-1-US"
practice_area: "Military & Defence Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a proposed early discharge of a regular enlisted member

> Record the member's component, whether the person is a regular enlisted member, the term of service, and the instrument the notice cites. Do not draft the advice.

Canonical page: https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-a-notice-proposing-an-early-end-of-service/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Military & Defence Law](https://ailawframework.com/practice/military-and-defence-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Record the member's component, whether the person is a regular enlisted member, the term of service, and the instrument the notice cites. Do not draft the advice. |
| What the lawyer must review | 10 U.S.C. § 1169 provides that no regular enlisted member of an armed force may be discharged before his term of service expires, except as prescribed by the Secretary concerned, by sentence of a general or special court-martial, or as otherwise provided by law. The section does not cover officers. 10 U.S.C. § 832 requires a preliminary hearing before referral of charges and specifications for trial by general court-martial, except where the accused submits a written waiver under regulations prescribed by the President. Those regulations were not opened. A preliminary hearing is not itself a discharge. You identify which of the three exceptions in § 1169 the notice relies on, and you write the advice. |
| Written for | United States |
| Applies to | [Advise a member on a notice proposing an early end of service](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-a-notice-proposing-an-early-end-of-service.md) |

## Checking plan

- What the AI does: Record the member's component, whether the person is a regular enlisted member, the term of service, and the instrument the notice cites. Do not draft the advice.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The Secretary's regulations prescribing enlisted administrative separation were not opened. Do not invent grounds or a hearing timetable from § 1169.
- Article 15 nonjudicial punishment, which was opened as 10 U.S.C. § 815, does not discharge a member.

## Sources

- [10 U.S.C. § 1169 (regular enlisted members: limitations on discharge)](https://www.law.cornell.edu/uscode/text/10/1169) (checked 2026-10-22)
- [10 U.S.C. § 832 (Art. 32, preliminary hearing required before general court-martial)](https://www.law.cornell.edu/uscode/text/10/832) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*