US (United States) Code. Title 10. Subtitle A. Part II. Chapter 61: Retirement of separation for physical

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-CITE-

10 USC CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL

DISABILITY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

.

-HEAD-

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-MISC1-

Sec.

1201. Regulars and members on active duty for more than 30 days:

retirement.

1202. Regulars and members on active duty for more than 30 days:

temporary disability retired list.

1203. Regulars and members on active duty for more than 30 days:

separation.

1204. Members on active duty for 30 days or less or on

inactive-duty training: retirement.

1205. Members on active duty for 30 days or less: temporary

disability retired list.

1206. Members on active duty for 30 days or less or on

inactive-duty training: separation.

1207. Disability from intentional misconduct or willful neglect:

separation.

1207a. Members with over eight years of active service: eligibility

for disability retirement for pre-existing conditions.

1208. Computation of service.

1209. Transfer to inactive status list instead of separation.

1210. Members on temporary disability retired list: periodic

physical examination; final determination of status.

1211. Members on temporary disability retired list: return to

active duty; promotion.

1212. Disability severance pay.

1213. Effect of separation on benefits and claims.

1214. Right to full and fair hearing.

1215. Members other than Regulars: applicability of laws.

1216. Secretaries: powers, functions, and duties.

1217. Cadets, midshipmen, and aviation cadets: chapter does not

apply to.

1218. Discharge or release from active duty: claims for

compensation, pension, or hospitalization.

1219. Statement of origin of disease or injury: limitations.

(1220. Repealed.)

1221. Effective date of retirement or placement of name on

temporary disability retired list.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VI, Sec. 653(a)(2), Oct. 5,

1999, 113 Stat. 666, added item 1207a.

1997 - Pub. L. 105-85, div. A, title V, Sec. 513(d)(3), Nov. 18,

1997, 111 Stat. 1731, inserted ''or on inactive-duty training''

after ''Members on active duty for 30 days or less'' in items 1204

and 1206.

1986 - Pub. L. 99-661, div. A, title VI, Sec. 604(d)(4), Nov.

14, 1986, 100 Stat. 3876, struck out ''; disability from injury''

after ''30 days or less'' in items 1204, 1205, 1206.

1962 - Pub. L. 87-651, title I, Sec. 107(e), Sept. 7, 1962, 76

Stat. 509, substituted ''Discharge or release from active duty:

claims for compensation, pension, or hospitalization'' for

''Explanation of rights before discharge'' in item 1218, and

''Statement of origin of disease or injury: limitations'' for

''Statement against interest void'' in item 1219, and struck out

item 1220 ''Location of accredited representatives at military

installations''.

1958 - Pub. L. 85-861, Sec. 1(28)(C), Sept. 2, 1958, 72 Stat.

1451, added item 1221.

1957 - Pub. L. 85-56, title XXII, Sec. 2201(31)(B), June 17,

1957, 71 Stat. 161, eff. Jan. 1, 1958, added items 1218 to 1220.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1142, 1370, 1402, 1402a,

1408, 1409, 1413a, 1414, 1431, 1452, 1471, 1481 of this title;

title 14 section 294; title 20 section 6673; title 33 section 3071;

title 37 sections 404, 406; title 42 sections 212, 213a.

-CITE-

10 USC Sec. 1201 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1201. Regulars and members on active duty for more than 30

days: retirement

-STATUTE-

(a) Retirement. - Upon a determination by the Secretary concerned

that a member described in subsection (c) is unfit to perform the

duties of the member's office, grade, rank, or rating because of

physical disability incurred while entitled to basic pay or while

absent as described in subsection (c)(3), the Secretary may retire

the member, with retired pay computed under section 1401 of this

title, if the Secretary also makes the determinations with respect

to the member and that disability specified in subsection (b).

(b) Required Determinations of Disability. - Determinations

referred to in subsection (a) are determinations by the Secretary

that -

(1) based upon accepted medical principles, the disability is

of a permanent nature and stable;

(2) the disability is not the result of the member's

intentional misconduct or willful neglect, and was not incurred

during a period of unauthorized absence; and

(3) either -

(A) the member has at least 20 years of service computed

under section 1208 of this title; or

(B) the disability is at least 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination; and either -

(i) the member has at least eight years of service computed

under section 1208 of this title;

(ii) the disability is the proximate result of performing

active duty;

(iii) the disability was incurred in line of duty in time

of war or national emergency; or

(iv) the disability was incurred in line of duty after

September 14, 1978.

(c) Eligible Members. - This section and sections 1202 and 1203

of this title apply to the following members:

(1) A member of a regular component of the armed forces

entitled to basic pay.

(2) Any other member of the armed forces entitled to basic pay

who has been called or ordered to active duty (other than for

training under section 10148(a) of this title) for a period of

more than 30 days.

(3) Any other member of the armed forces who is on active duty

but is not entitled to basic pay by reason of section 502(b) of

title 37 due to authorized absence (A) to participate in an

educational program, or (B) for an emergency purpose, as

determined by the Secretary concerned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 91; Pub. L. 85-861, Sec.

1(28)(A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87-651, title I,

Sec. 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 95-377, Sec.

3(1), Sept. 19, 1978, 92 Stat. 719; Pub. L. 96-343, Sec. 10(c)(1),

Sept. 8, 1980, 94 Stat. 1129; Pub. L. 96-513, title I, Sec. 117,

Dec. 12, 1980, 94 Stat. 2878; Pub. L. 99-145, title V, Sec.

513(a)(1)(A), Nov. 8, 1985, 99 Stat. 627; Pub. L. 101-189, div. A,

title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L.

103-337, div. A, title XVI, Sec. 1671(c)(6), Oct. 5, 1994, 108

Stat. 3014; Pub. L. 104-201, div. A, title V, Sec. 572(a), Sept.

23, 1996, 110 Stat. 2533.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1201 37:272(a) (less Oct. 12, 1949, ch.

clause (5), and 681, Sec. 402(a)

less 2d proviso). (less clause (5),

37:272(b) (less and less 2d

clause (5), and proviso), (b) (less

less 2d and last clause (5), and

provisos). less 2d and last

37:272(f) (less provisos), (f)

applicability to (less applicability

37:272(c) and (e)). to Sec. 402(c) and

(e)), 63 Stat. 816,

817, 820.

-------------------------------

The words ''any other member'' are substituted for the words ''a

member of a Reserve component'', in 37:272(a) and (b), since the

words ''Reserve component'' are defined by section 102(k) of the

Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)),

to include members appointed, enlisted, or inducted without

component. The words ''active duty (other than for training)'' are

substituted for the words ''extended active duty'' for clarity and

to reflect the opinion of the Comptroller General in 31 Comp. Gen.

95, 99. The words ''if the Secretary also determines that'' are

substituted for the words ''That if condition (5) above is met by a

finding that'', in 37:272(a) and (b). The words ''of such member'',

''upon retirement'', and ''to receive'', in 37:272(a), are omitted

as surplusage.

In clause (1), the words ''based upon accepted medical

principles'' are inserted as a necessary implication of the rule

stated in 37:272(a)(5) and (b)(5).

Clause (3)(A) is substituted for 37:272(f) (less applicability to

37:272(c) and (e)). 37:272(f) is omitted as surplusage.

In clause (3)(B), the words ''at the time of the determination''

are substituted for the word ''current'', in 37:272(a) and (b).

Clause (3)(B)(iii) is substituted for 37:272(a) (last proviso).

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1201 (No source). (No source).

-------------------------------

The amendment reflects the Act of April 23, 1956, ch. 209 (70

Stat 115). (See opinion of Comp. Gen., B-130269, March 18, 1957.)

1962 ACT

The changes correct typographical errors.

AMENDMENTS

1996 - Pub. L. 104-201 added subsecs. (a) and (c), designated

existing provisions as subsec. (b), and substituted introductory

provisions of subsec. (b) for ''Upon a determination by the

Secretary concerned that a member of a regular component of the

armed forces entitled to basic pay, or any other member of the

armed forces entitled to basic pay who has been called or ordered

to active duty (other than for training under section 10148(a) of

this title) for a period of more than 30 days, is unfit to perform

the duties of his office, grade, rank, or rating because of

physical disability incurred while entitled to basic pay, the

Secretary may retire the member, with retired pay computed under

section 1401 of this title, if the Secretary also determines that -

''.

1994 - Pub. L. 103-337 substituted ''10148(a)'' for ''270(b)'' in

introductory provisions.

1989 - Par. (3)(B). Pub. L. 101-189 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1985 - Par. (1). Pub. L. 99-145 inserted ''and stable'' after

''permanent nature''.

1980 - Par. (3)(B)(iv). Pub. L. 96-513 substituted ''after

September 14, 1978'' for ''during the period beginning on September

15, 1978, and ending on September 30, 1982, except that the

condition provided for in this item shall not be effective during

such period unless the President determines that such condition

should be effective during such period and issues an Executive

order to that effect''.

Pub. L. 96-343 added cl. (iv).

1978 - Par. (3)(B)(iv). Pub. L. 95-377 added cl. (iv) which

provided additional condition, effective on Presidential

determination, that the disability was incurred in the line of duty

during Sept. 15, 1978, through Sept. 30, 1979, and which terminated

on Sept. 30, 1979. See Effective and Termination Dates of 1978

Amendment note set out under this section.

1962 - Pub. L. 87-651 substituted ''training under section 270(b)

of this title)'' for ''training) under section 270(b) of this

title''.

1958 - Pub. L. 85-861 inserted ''under section 270(b) of this

title'' after ''(other than for training)''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 572(d) of Pub. L. 104-201 provided that: ''The amendments

made by this section (amending this section and sections 1202 and

1203 of this title) shall take effect on the date of the enactment

of this Act (Sept. 23, 1996) and shall apply with respect to

physical disabilities incurred on or after such date.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

EFFECTIVE AND TERMINATION DATES OF 1978 AMENDMENT

Section 3 of Pub. L. 95-377 provided that the amendment made by

that section is effective only for the period beginning Sept. 15,

1978, and ending Sept. 30, 1979.

PUBLIC HEALTH SERVICE

Authority vested by this chapter in ''military departments'',

''the Secretary concerned'', or ''the Secretary of Defense'' to be

exercised, with respect to commissioned officers of Public Health

Service, by Secretary of Health and Human Services or his designee,

see section 213a(b) of Title 42, The Public Health and Welfare.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Authority vested by this chapter in ''military departments'',

''the Secretary concerned'', or ''the Secretary of Defense'' to be

exercised, with respect to commissioned officer corps of National

Oceanic and Atmospheric Administration, by Secretary of Commerce or

Secretary's designee, see section 3071 of Title 33, Navigation and

Navigable Waters.

-EXEC-

EXECUTIVE ORDER NO. 12239

Ex. Ord. No. 12239, Sept. 21, 1980, 45 F.R. 62967, which related

to suspension of certain promotion and disability separation

limitations, was revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47

F.R. 55897, set out as a note under section 301 of Title 3, The

President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1202, 1203, 1204, 1205,

1206, 1207a, 1210, 1372, 1401, 1402, 1402a, 1406, 1407, 1451 of

this title; title 42 section 213a.

-CITE-

10 USC Sec. 1202 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1202. Regulars and members on active duty for more than 30

days: temporary disability retired list

-STATUTE-

Upon a determination by the Secretary concerned that a member

described in section 1201(c) of this title would be qualified for

retirement under section 1201 of this title but for the fact that

his disability is not determined to be of a permanent nature and

stable, the Secretary shall, if he also determines that accepted

medical principles indicate that the disability may be of a

permanent nature, place the member's name on the temporary

disability retired list, with retired pay computed under section

1401 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 92; Pub. L. 85-861, Sec.

1(28)(A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87-651, title I,

Sec. 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 99-145, title V,

Sec. 513(a)(1)(B), Nov. 8, 1985, 99 Stat. 627; Pub. L. 103-337,

div. A, title XVI, Sec. 1671(c)(6), Oct. 5, 1994, 108 Stat. 3014;

Pub. L. 104-201, div. A, title V, Sec. 572(b), Sept. 23, 1996, 110

Stat. 2533.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1202 37:272(a) (clause Oct. 12, 1949, ch.

(5)). 37:272(b) 681, Sec. 402(a)

(clause (5)). (clause (5)), (b)

(clause (5)), 63

Stat. 816, 817.

-------------------------------

The first 82 words are inserted for clarity and are based on the

rule stated in section 1201 of this title, which restates that part

of 37:272(a), (b), and (f) relating to retirement for physical

disability. The revised section incorporates by reference those

provisions which are identical for retirement and for placement on

the temporary disability retired list. This is possible, since

37:272(f) applies to placement on the temporary disability retired

list as well as to retirement (see opinion of the Judge Advocate

General of the Army (JAGA 1953/1900, 9 Mar. 1953)).

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1202 (No source). (No source).

-------------------------------

The amendment reflects the Act of April 23, 1956, ch. 209 (70

Stat 115). (See opinion of Comp. Gen., B-130269, March 18, 1957.)

1962 ACT

The changes correct typographical errors.

AMENDMENTS

1996 - Pub. L. 104-201 substituted ''a member described in

section 1201(c) of this title'' for ''a member of a regular

component of the armed forces entitled to basic pay, or any other

member of the armed forces entitled to basic pay who has been

called or ordered to active duty (other than for training under

section 10148(a) of this title) for a period of more than 30

days,''.

1994 - Pub. L. 103-337 substituted ''10148(a)'' for ''270(b)''.

1985 - Pub. L. 99-145 inserted ''and stable'' after ''determined

to be of a permanent nature''.

1962 - Pub. L. 87-651 substituted ''training under section 270(b)

of this title)'' for ''training) under section 270(b) of this

title''.

1958 - Pub. L. 85-861 inserted ''under section 270(b) of this

title'' after ''(other than for training)''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Sept. 23, 1996, and

applicable with respect to physical disabilities incurred on or

after such date, see section 572(d) of Pub. L. 104-201, set out as

a note under section 1201 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1201, 1203, 1204, 1205,

1206, 1207a, 1372, 1376, 1401, 1402, 1402a, 1406, 1407 of this

title; title 42 section 213a.

-CITE-

10 USC Sec. 1203 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1203. Regulars and members on active duty for more than 30

days: separation

-STATUTE-

(a) Separation. - Upon a determination by the Secretary concerned

that a member described in section 1201(c) of this title is unfit

to perform the duties of the member's office, grade, rank, or

rating because of physical disability incurred while entitled to

basic pay or while absent as described in section 1201(c)(3) of

this title, the member may be separated from the member's armed

force, with severance pay computed under section 1212 of this

title, if the Secretary also makes the determinations with respect

to the member and that disability specified in subsection (b).

(b) Required Determinations of Disability. - Determinations

referred to in subsection (a) are determinations by the Secretary

that -

(1) the member has less than 20 years of service computed under

section 1208 of this title;

(2) the disability is not the result of the member's

intentional misconduct or willful neglect, and was not incurred

during a period of unauthorized absence;

(3) based upon accepted medical principles, the disability is

or may be of a permanent nature; and

(4) either -

(A) the disability is less than 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination, and the

disability was (i) the proximate result of performing active

duty, (ii) incurred in line of duty in time of war or national

emergency, or (iii) incurred in line of duty after September

14, 1978;

(B) the disability is less than 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination, and the

member has at least eight years of service computed under

section 1208 of this title, or

(C) the disability is at least 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination, the

disability was neither (i) the proximate result of performing

active duty, (ii) incurred in line of duty in time of war or

national emergency, nor (iii) incurred in line of duty after

September 14, 1978, and the member has less than eight years of

service computed under section 1208 of this title on the date

when he would otherwise be retired under section 1201 of this

title or placed on the temporary disability retired list under

section 1202 of this title.

However, if the member is eligible for transfer to the inactive

status list under section 1209 of this title, and so elects, he

shall be transferred to that list instead of being separated.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 92; Pub. L. 85-861, Sec.

1(28)(A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87-651, title I,

Sec. 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 95-377, Sec.

3(2), (3), Sept. 19, 1978, 92 Stat. 719, 720; Pub. L. 96-343, Sec.

10(c)(2), (3), Sept. 8, 1980, 94 Stat. 1129; Pub. L. 96-513, title

I, Sec. 117, Dec. 12, 1980, 94 Stat. 2878; Pub. L. 101-189, div.

A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub.

L. 103-337, div. A, title XVI, Sec. 1671(c)(6), Oct. 5, 1994, 108

Stat. 3014; Pub. L. 104-201, div. A, title V, Sec. 572(c), Sept.

23, 1996, 110 Stat. 2533.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1203 37:272(a) (2d Oct. 12, 1949, ch.

proviso). 37:272(b) 681, Sec. 402(a)

(2d and last (2d proviso), (b)

provisos). (2d and last

provisos), 63 Stat.

816, 817.

-------------------------------

To state fully in the revised section the rule contained in

37:272(a) (2d proviso) and 272(b) (2d and last provisos), the

provisions of 37:272(a) (less clause (5), and less 1st proviso),

272(b) (less clause (5), and less 1st proviso) and 272(f) (less

applicability to 37:272(c) and (e)), also contained in section 1201

of this title, are repeated. The words ''the member may be

separated'' are substituted for the words ''the member concerned

shall not be eligible for any disability retirement provided in

this section, but may be separated for physical disability,'' in

37:272(a) (2d proviso) and 37:272(b) (2d proviso).

Clause (1) is inserted for clarity, since a member who had over

20 years of service would qualify under section 1201 or 1202 of

this title.

Clause (4)(A) is substituted for 37:272(a) (1st 20 words of 2d

proviso).

Clause (4)(B) is substituted for 37:272(b) (lst 20 words of 2d

proviso).

Clause (4)(C) is substituted for 37:272(b) (last proviso).

The last sentence of the revised section, relating to transfer to

the inactive status list, is inserted for clarity because of

section 1209 of this title.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1203 (No source). (No source).

-------------------------------

The amendment reflects the Act of April 23, 1956, ch. 209 (70

Stat 115). (See opinion of Comp. Gen., B-130269, March 18, 1957.)

1962 ACT

The changes correct typographical errors.

AMENDMENTS

1996 - Pub. L. 104-201 added subsec. (a), designated existing

provisions as subsec. (b), and substituted introductory provisions

of subsec. (b) for ''Upon a determination by the Secretary

concerned that a member of a regular component of the armed forces

entitled to basic pay, or any other member of the armed forces

entitled to basic pay who has been called or ordered to active duty

(other than for training under section 10148(a) of this title) for

a period of more than 30 days, is unfit to perform the duties of

his office, grade, rank, or rating because of physical disability

incurred while entitled to basic pay, the member may be separated

from his armed force, with severance pay computed under section

1212 of this title, if the Secretary also determines that - ''.

1994 - Pub. L. 103-337 substituted ''10148(a)'' for ''270(b)'' in

introductory provisions.

1989 - Par. (4)(A) to (C). Pub. L. 101-189 substituted

''Department of Veterans Affairs'' for ''Veterans' Administration''

wherever appearing.

1980 - Par. (4)(A)(iii). Pub. L. 96-513 substituted ''after

September 14, 1978'' for ''during the period beginning on September

15, 1978, and ending on September 30, 1982, except that the

condition provided for in this item shall not be effective during

such period unless the President determines that such condition

should be effective during such period and issues an Executive

order to that effect''.

Pub. L. 96-343, Sec. 10(c)(2), added cl. (iii).

Par. (4)(C). Pub. L. 96-513 substituted ''after September 14,

1978'' for ''during the period beginning on September 15, 1978, and

ending on September 30, 1982, except that the condition provided

for in this item shall not be effective during such period unless

the President determines that such condition should be effective

during such period and issues an Executive order to that effect''

in cl. (iii).

Pub. L. 96-343, Sec. 10(c)(3), substituted ''(i) the proximate

result of performing active duty, (ii) incurred in line of duty in

time of war or national emergency, nor (iii) incurred in line of

duty during the period beginning on September 15, 1978, and ending

on September 30, 1982, except that the condition provided for in

this item shall not be effective during such period unless the

President determines that such condition should be effective during

such period and issues an Executive order to that effect'' for

''the proximate result of performing active duty nor incurred in

line of duty in time of war or national emergency''.

1978 - Par. (4)(A)(iii). Pub. L. 95-377, Sec. 3(2), added cl.

(iii) which provided additional conditions, effective on

Presidential determination, that the disability was incurred in the

line of duty during Sept. 15, 1978, through Sept. 30, 1979, and

which terminated on Sept. 30, 1979. See Effective and Termination

Dates of 1978 Amendment note set out under this section.

Par. (4)(C). Pub. L. 95-377, Sec. 3(3), designated existing

conditions of performing active duty and incurred in line of duty

in time of war or national emergency as cls. (i) and (ii) and added

cl. (iii) providing additional condition, effective on Presidential

determination, that the disability was incurred in line of duty

during Sept. 15, 1978, through Sept. 30, 1979, and terminated on

Sept. 30, 1979. See Effective and Termination Dates of 1978

Amendment note set out under this section.

1962 - Pub. L. 87-651 substituted ''training under section 270(b)

of this title)'' for ''training) under section 270(b) of this

title.''

1958 - Pub. L. 85-861 inserted ''under section 270(b) of this

title'' after ''(other than for training)''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Sept. 23, 1996, and

applicable with respect to physical disabilities incurred on or

after such date, see section 572(d) of Pub. L. 104-201, set out as

a note under section 1201 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

EFFECTIVE AND TERMINATION DATES OF 1978 AMENDMENT

Section 3 of Pub. L. 95-377 provided that the amendment made by

that section is effective only for the period beginning Sept. 15,

1978, and ending Sept. 30, 1979.

SUSPENSION OF CERTAIN PROMOTION AND DISABILITY SEPARATION

LIMITATIONS

For provisions relating to the suspension of certain promotion

and disability separation limitations, see Ex. Ord. No. 12239,

Sept. 21, 1980, 45 F.R. 62967, set out as a note under section 1201

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1201, 1204, 1205, 1206,

1207a, 1210, 1212 of this title; title 42 section 213a.

-CITE-

10 USC Sec. 1204 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1204. Members on active duty for 30 days or less or on

inactive-duty training: retirement

-STATUTE-

Upon a determination by the Secretary concerned that a member of

the armed forces not covered by section 1201, 1202, or 1203 of this

title is unfit to perform the duties of his office, grade, rank, or

rating because of physical disability, the Secretary may retire the

member with retired pay computed under section 1401 of this title,

if the Secretary also determines that -

(1) based upon accepted medical principles, the disability is

of a permanent nature and stable;

(2) the disability -

(A) was incurred before September 24, 1996, as the proximate

result of -

(i) performing active duty or inactive-duty training;

(ii) traveling directly to or from the place at which such

duty is performed; or

(iii) an injury, illness, or disease incurred or aggravated

while remaining overnight, immediately before the

commencement of inactive-duty training, or while remaining

overnight between successive periods of inactive-duty

training, at or in the vicinity of the site of the

inactive-duty training, if the site of the inactive-duty

training is outside reasonable commuting distance of the

member's residence;

(B) is a result of an injury, illness, or disease incurred or

aggravated in line of duty after September 23, 1996 -

(i) while performing active duty or inactive-duty training;

(ii) while traveling directly to or from the place at which

such duty is performed; or

(iii) while remaining overnight, immediately before the

commencement of inactive-duty training, or while remaining

overnight between successive periods of inactive-duty

training, at or in the vicinity of the site of the

inactive-duty training; or

(C) is a result of an injury, illness, or disease incurred or

aggravated in line of duty -

(i) while the member was serving on funeral honors duty

under section 12503 of this title or section 115 of title 32;

(ii) while the member was traveling to or from the place at

which the member was to so serve; or

(iii) while the member remained overnight at or in the

vicinity of that place immediately before so serving, if the

place is outside reasonable commuting distance from the

member's residence;

(3) the disability is not the result of the member's

intentional misconduct or willful neglect, and was not incurred

during a period of unauthorized absence; and

(4) either -

(A) the member has at least 20 years of service computed

under section 1208 of this title; or

(B) the disability is at least 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 93; Pub. L. 99-145, title V,

Sec. 513(a)(1)(A), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99-661,

div. A, title VI, Sec. 604(d)(1), (2)(A), Nov. 14, 1986, 100 Stat.

3876; Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(1), Nov.

29, 1989, 103 Stat. 1602; Pub. L. 102-484, div. A, title V, Sec.

516(a), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 104-201, div. A,

title V, Sec. 534, Sept. 23, 1996, 110 Stat. 2521; Pub. L. 105-85,

div. A, title V, Sec. 513(c)(1), (d)(1), Nov. 18, 1997, 111 Stat.

1730, 1731; Pub. L. 106-65, div. A, title V, Sec. 578(i)(3), Oct.

5, 1999, 113 Stat. 629; Pub. L. 107-107, div. A, title V, Sec.

513(b), Dec. 28, 2001, 115 Stat. 1093.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1204 37:271(a). 37:272(c) Oct. 12, 1949, ch.

(less clause (5), 681, Sec. 401(a),

and less last 402(c) (less clause

proviso). 37:272(f) (5), and less last

(as applicable to proviso), 402(f)

37:272(c)). (as applicable to

Sec. 402(c)), 63

Stat. 816, 817,

820.

-------------------------------

37:271(a) is omitted as surplusage. As it relates to retirement

it is only a statement of the general coverage of the retirement

sections of this chapter. As it relates to separation it is only a

statement of the general coverage of the separation sections of

this chapter. The words ''a member * * * not covered by section

1201, 1202, or 1203 of this title'' are substituted for the words

''a member * * * other than those members covered in subsections

(a) and (b) of this section''. The words ''if the Secretary also

determines that'' are substituted for the words ''That if condition

(5) above is met by a finding that'', in 37:272(c). The words ''of

such member'', ''upon retirement'', and ''to receive'', in

37:272(c), are omitted as surplusage.

In clause (1), the words ''based upon accepted medical

principles'' are inserted as a necessary implication of the rule

stated in 37:272(c)(5).

In clause (2), the word ''disability'' is substituted for the

word ''injury'' to make clear, in view of 37:278, that members on

active duty for 30 days or less are on the same footing as those on

active duty for a longer period, with respect to the effect of

misconduct or neglect.

In clause (3), the words ''and was not incurred during a period

of unauthorized absence'' are inserted to conform to other revised

sections of this chapter and because of section 1207 of this

title. The words ''full-time training duty, other full-time duty''

are omitted as covered by the words ''active duty''.

Clause (4)(A) is substituted for 37:272(f) (as applicable to

37:272(c)). 37:272(f) (proviso) is omitted as surplusage.

In clause (4)(B), the words ''at the time of the determination''

are substituted for the word ''current'', in 37:272(c).

AMENDMENTS

2001 - Par. (2)(B)(iii). Pub. L. 107-107, struck out '', if the

site of the inactive-duty training is outside reasonable commuting

distance of the member's residence'' before semicolon.

1999 - Par. (2)(C). Pub. L. 106-65 added subpar. (C).

1997 - Pub. L. 105-85, Sec. 513(d)(1), amended section catchline

generally, inserting ''or on inactive-duty training'' after ''30

days or less''.

Par. (2). Pub. L. 105-85, Sec. 513(c)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''the

disability is the proximate result of, or was incurred in line of

duty after the date of the enactment of this Act as a result of -

''(A) performing active duty or inactive-duty training;

''(B) traveling directly to or from the place at which such

duty is performed; or

''(C) an injury, illness, or disease incurred or aggravated

while remaining overnight, between successive periods of

inactive-duty training, at or in the vicinity of the site of the

inactive duty training, if the site is outside reasonable

commuting distance of the member's residence;''.

1996 - Par. (2). Pub. L. 104-201 amended par. (2) generally.

Prior to amendment, par. (2) read as follows: ''the disability is

the proximate result of performing active duty or inactive-duty

training or of traveling directly to or from the place at which

such duty is performed;''.

1992 - Par. (2). Pub. L. 102-484 inserted before semicolon at end

''or of traveling directly to or from the place at which such duty

is performed''.

1989 - Par. (4)(B). Pub. L. 101-189 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1986 - Pub. L. 99-661 struck out ''; disability from injury''

after ''30 days or less'' in section catchline and ''resulting from

an injury'' after ''because of physical disability'' in provisions

preceding par. (1).

1985 - Par. (1). Pub. L. 99-145 inserted ''and stable'' after

''permanent nature''.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 516(b) of Pub. L. 102-484 provided that: ''The amendments

made by subsection (a) (amending this section and section 1206 of

this title) shall take effect with respect to disabilities incurred

on or after November 14, 1986, but any benefits or services payable

by reason of the applicability of those amendments during the

period beginning on November 14, 1986, and ending on the date of

the enactment of this Act (Oct. 23, 1992) shall be subject to the

availability of appropriations.''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-661 applicable with respect to persons

who, after Nov. 14, 1986, incur or aggravate an injury, illness, or

disease or die, see section 604(g) of Pub. L. 99-661, set out as a

note under section 1074a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1205, 1210, 1372, 1401,

1402, 1402a, 1406, 1407 of this title.

-CITE-

10 USC Sec. 1205 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1205. Members on active duty for 30 days or less: temporary

disability retired list

-STATUTE-

Upon a determination by the Secretary concerned that a member of

the armed forces not covered by section 1201, 1202, or 1203 of this

title would be qualified for retirement under section 1204 of this

title but for the fact that his disability is not determined to be

of a permanent nature and stable, the Secretary shall, if he also

determines that accepted medical principles indicate that the

disability may be of a permanent nature, place the member's name on

the temporary disability retired list, with retired pay computed

under section 1401 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99-145, title V,

Sec. 513(a)(1)(B), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99-661,

div. A, title VI, Sec. 604(d)(2)((B)), Nov. 14, 1986, 100 Stat.

3876.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1205 37:272(c) (clause Oct. 12, 1949, ch.

(5)). 681, Sec. 402(c)

(clause (5)), 63

Stat. 818.

-------------------------------

The first 52 words are inserted for clarity and are based on the

rule stated in section 1204 of this title, which restates that part

of 37:272(c) relating to retirement for physical disability. The

revised section incorporates by reference those provisions which

are identical for retirement and for placement on the temporary

disability retired list. This is possible, since 37:272(f) applies

to placement on the temporary disability retired list as well as to

retirement (see opinion of the Judge Advocate General of the Army

(JAGA 1953/1900, 9 Mar. 1953)).

AMENDMENTS

1986 - Pub. L. 99-661 struck out ''; disability from injury''

after ''30 days or less'' in section catchline.

1985 - Pub. L. 99-145 inserted ''and stable'' after ''determined

to be of a permanent nature''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-661 applicable with respect to persons

who, after Nov. 14, 1986, incur or aggravate an injury, illness, or

disease or die, see section 604(g) of Pub. L. 99-661, set out as a

note under section 1074a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1372, 1376, 1401, 1402,

1402a, 1406, 1407 of this title.

-CITE-

10 USC Sec. 1206 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1206. Members on active duty for 30 days or less or on

inactive-duty training: separation

-STATUTE-

Upon a determination by the Secretary concerned that a member of

the armed forces not covered by section 1201, 1202, or 1203 of this

title is unfit to perform the duties of his office, grade, rank, or

rating because of physical disability, the member may be separated

from his armed force, with severance pay computed under section

1212 of this title, if the Secretary also determines that -

(1) the member has less than 20 years of service computed under

section 1208 of this title;

(2) the disability is a result of an injury, illness, or

disease incurred or aggravated in line of duty -

(A) while -

(i) performing active duty or inactive-duty training;

(ii) traveling directly to or from the place at which such

duty is performed; or

(iii) remaining overnight immediately before the

commencement of inactive-duty training, or while remaining

overnight between successive periods of inactive-duty

training, at or in the vicinity of the site of the

inactive-duty training, if the site is outside reasonable

commuting distance of the member's residence; or

(B) while the member -

(i) was serving on funeral honors duty under section 12503

of this title or section 115 of title 32;

(ii) was traveling to or from the place at which the member

was to so serve; or

(iii) remained overnight at or in the vicinity of that

place immediately before so serving;

(3) the disability is not the result of the member's

intentional misconduct or willful neglect, and was not incurred

during a period of unauthorized absence;

(4) based upon accepted medical principles, the disability is

or may be of a permanent nature; and

(5) the disability is less than 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination, and, in the

case of a disability incurred before October 5, 1999, was the

proximate result of performing active duty or inactive-duty

training or of traveling directly to or from the place at which

such duty is performed.

However, if the member is eligible for transfer to the inactive

status list under section 1209 of this title, and so elects, he

shall be transferred to that list instead of being separated.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99-661, div. A,

title VI, Sec. 604(d)(1), (3), Nov. 14, 1986, 100 Stat. 3876; Pub.

L. 101-189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103

Stat. 1602; Pub. L. 102-484, div. A, title V, Sec. 516(a), Oct.

23, 1992, 106 Stat. 2407; Pub. L. 105-85, div. A, title V, Sec.

513(c)(2), (d)(2), Nov. 18, 1997, 111 Stat. 1731; Pub. L. 106-65,

div. A, title V, Sec. 578(i)(4), title VI, Sec. 653(c), Oct. 5,

1999, 113 Stat. 629, 667; Pub. L. 107-107, div. A, title V, Sec.

513(b), title X, Sec. 1048(c)(6), Dec. 28, 2001, 115 Stat. 1093,

1226.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1206 37:272(c) (last Oct. 12, 1949, ch.

proviso). 681, Sec. 402(c)

(last proviso), 63

Stat. 818.

-------------------------------

To state fully in the revised section the rule contained in

37:272(c) (last proviso), the provisions of 37:272(c) (less clause

(5), and less 1st proviso), and 272(f) (as applicable to 272(c)),

also contained in section 1204 of this title, are repeated. The

words ''the member may be separated'' are substituted for the words

''the member concerned shall not be eligible for any disability

retirement provided in this section, but may be separated for

physical disability''.

Clause (1) is inserted for clarity, since a member who had over

20 years of service would qualify under section 1204 or 1205 of

this title.

The last sentence of the revised section, relating to transfer to

the inactive status list, is inserted for clarity because of

section 1209 of this title.

AMENDMENTS

2001 - Par. (2)(B)(iii). Pub. L. 107-107, Sec. 513(b), struck out

'', if the place is outside reasonable commuting distance from the

member's residence'' before semicolon at end.

Par. (5). Pub. L. 107-107, Sec. 1048(c)(6), substituted ''October

5, 1999,'' for ''the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2000,''.

1999 - Par. (2). Pub. L. 106-65, Sec. 578(i)(4), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''the

disability is a result of an injury, illness, or disease incurred

or aggravated in line of duty while -

''(A) performing active duty or inactive-duty training;

''(B) traveling directly to or from the place at which such

duty is performed; or

''(C) while remaining overnight immediately before the

commencement of inactive-duty training, or while remaining

overnight between successive periods of inactive-duty training,

at or in the vicinity of the site of the inactive-duty training,

if the site is outside reasonable commuting distance of the

member's residence;''.

Par. (5). Pub. L. 106-65, Sec. 653(c), inserted '', in the case

of a disability incurred before the date of the enactment of the

National Defense Authorization Act for Fiscal Year 2000,'' after

''determination, and''.

1997 - Pub. L. 105-85, Sec. 513(d)(2), amended section catchline

generally, inserting ''or on inactive-duty training'' after ''30

days or less''.

Pars. (2) to (5). Pub. L. 105-85, Sec. 513(c)(2), added par. (2)

and redesignated former pars. (2) to (4) as (3) to (5),

respectively.

1992 - Par. (4). Pub. L. 102-484 inserted before period at end

''or of traveling directly to or from the place at which such duty

is performed''.

1989 - Par. (4). Pub. L. 101-189 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1986 - Pub. L. 99-661 struck out ''; disability from injury''

after ''30 days or less'' in section catchline and ''resulting from

an injury'' after ''because of physical disability'' in provisions

preceding par. (1).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 effective with respect to

disabilities incurred on or after Nov. 14, 1986, with any benefits

or services payable by reason of applicability of that amendment

during period beginning Nov. 14, 1986, and ending Oct. 23, 1992,

subject to availability of appropriations, see section 516(b) of

Pub. L. 102-484, set out as a note under section 1204 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-661 applicable with respect to persons

who, after Nov. 14, 1986, incur or aggravate an injury, illness, or

disease or die, see section 604(g) of Pub. L. 99-661, set out as a

note under section 1074a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1210, 1212 of this title.

-CITE-

10 USC Sec. 1207 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1207. Disability from intentional misconduct or willful

neglect: separation

-STATUTE-

Each member of the armed forces who incurs a physical disability

that, in the determination of the Secretary concerned, makes him

unfit to perform the duties of his office, grade, rank, or rating,

and that resulted from his intentional misconduct or willful

neglect or was incurred during a period of unauthorized absence,

shall be separated from his armed force without entitlement to any

benefits under this chapter.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 94.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1207 37:278. Oct. 12, 1949, ch.

681, Sec. 408, 63

Stat. 823.

-------------------------------

The words ''Each member * * * who'' are substituted for the words

''When a member * * * such member''. The words ''is determined to

have'' are omitted as surplusage.

-CITE-

10 USC Sec. 1207a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1207a. Members with over eight years of active service:

eligibility for disability retirement for pre-existing

conditions

-STATUTE-

(a) In the case of a member described in subsection (b) who would

be covered by section 1201, 1202, or 1203 of this title but for the

fact that the member's disability is determined to have been

incurred before the member became entitled to basic pay in the

member's current period of active duty, the disability shall be

deemed to have been incurred while the member was entitled to basic

pay and shall be so considered for purposes of determining whether

the disability was incurred in the line of duty.

(b) A member described in subsection (a) is a member with at

least eight years of active service.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 653(a)(1), Oct. 5,

1999, 113 Stat. 666.)

-CITE-

10 USC Sec. 1208 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1208. Computation of service

-STATUTE-

(a) For the purposes of this chapter, a member of a regular

component shall be credited with the service described in paragraph

(1) or that described in paragraph (2), whichever is greater:

(1) The service that he is considered to have for the purpose

of separation, discharge, or retirement for length of service.

(2) The sum of -

(A) his active service as a member of the armed forces, a

nurse, a reserve nurse, a contract surgeon, a contract dental

surgeon, or an acting dental surgeon;

(B) his active service as a member of the National Oceanic

and Atmospheric Administration or the Public Health Service;

and

(C) his service while participating in exercises or

performing duties under sections 502, 503, 504, and 505 of

title 32.

For the purpose of paragraph (2), active service as a member of the

National Oceanic and Atmospheric Administration includes active

service as a member of the Environmental Science Services

Administration and of the Coast and Geodetic Survey.

(b) A member of the armed forces who is not a member of a regular

component shall be credited, for the purposes of this chapter, with

the number of years of service that he would count if he were

computing his years of service under section 12733 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 89-718, Sec. 8,

Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-513, title V, Sec. 501(16),

511(42), Dec. 12, 1980, 94 Stat. 2908, 2923; Pub. L. 99-661, div.

A, title XIII, Sec. 1343(a)(6), Nov. 14, 1986, 100 Stat. 3992; Pub.

L. 100-26, Sec. 7(j)(3), Apr. 21, 1987, 101 Stat. 283; Pub. L.

104-106, div. A, title XV, Sec. 1501(c)(13), Feb. 10, 1996, 110

Stat. 499.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1208(a) 37:282 (less clauses Oct. 12, 1949, ch.

(2) and (3), less 681, Sec. 412 (less

applicability to clause (3), less

persons referred to applicability to

in 37:281, and less persons referred to

applicability to in Sec. 411, and

service as a cadet less applicability

before August 24, to service as a

1912, as a cadet before August

midshipman before 24, 1912, as a

March 4, 1913, as midshipman before

an Army field March 4, 1913, as

clerk, or as a an Army field

field clerk, Army clerk, or as a

Quartermaster field clerk, Army

Corps). Quartermaster

Corps), 63 Stat.

824.

1208(b) 37:282 (clause (2),

less applicability

to persons referred

to in 37:281, and

less applicability

to service as a

cadet before August

24, 1912, as a

midshipman before

March 4, 1913, as

an Army field

clerk, or as a

field clerk, Army

Quartermaster

Corps).

-------------------------------

In subsection (a), the words ''shall be credited with the service

described in clause (1) or that described in clause (2), whichever

is greater'' are substituted for the words ''shall be interpreted

to mean''.

In subsection (a)(1), the words ''he is considered to have'' are

substituted for the words ''such member, former member, or person

has or is deemed to have pursuant to law''.

In subsection (a)(2)(A), the words ''his active service'' are

substituted for the words ''while on the active list or on active

duty or while participating in full-time training or other

full-time duty provided for or authorized in the National Defense

Act, as amended, the Naval Reserve Act of 1938, as amended, or in -

other provisions of law'' because of the definitions of ''active

service'' and ''active duty'' in sections 101(24) and 101(22) of

this title.

In subsection (a)(2)(C), the references to 10:22-23, 24-26, and

30-36 are omitted as repealed by section 401 of the Army

Organization Act of 1950, 64 Stat. 271. The reference to 32:70 is

omitted as repealed by section 16 of the act of June 15, 1933, ch.

87, 48 Stat. 159. The reference to 10:23a is omitted as executed.

The references to 10:38 and 32:66 and 172-175 are omitted as

covered by the words ''active service''. The references to

32:144-147, 171, and 176 are omitted, since they deal with pay and

do not authorize duty or training. The reference to section 502 of

title 32, not contained in 37:282, is inserted, since section 92 of

the National Defense Act, as amended (32:62) is referred to in

section 412 of the Career Compensation Act of 1949 (37:282).

In subsection (b), the words ''any other member'' are substituted

for the words ''members of the reserve components'', since the

words ''reserve components'' are defined by section 102(k) of the

Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)) to

include members appointed, enlisted, or inducted without component.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 substituted ''section 12733''

for ''section 1333''.

1987 - Subsec. (a). Pub. L. 100-26 substituted ''paragraph (1)''

and ''paragraph (2)'' for ''clause (1)'' and ''clause (2)'',

respectively, in introductory provisions, and ''paragraph (2)'' for

''clause 2(B) of this subsection'' in second sentence.

1986 - Subsec. (a)(2)(A). Pub. L. 99-661 struck out ''after

February 2, 1901'' after ''a reserve nurse''.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''separation,

discharge, or retirement for length of service'' for ''separation

or mandatory elimination from the active list'' in par. (1),

substituted ''National Oceanic and Atmospheric Administration'' for

''Environmental Science Services Administration'' in par. (2)(B),

and, in provisions following par. (2)(C), substituted ''as a member

of the National Oceanic and Atmospheric Administration includes

active service as a member of the Environmental Science Services

Administration and'' for ''as a member of the Environmental Science

Services Administration includes service as a member''.

1966 - Subsec. (a). Pub. L. 89-718 substituted ''Environmental

Science Services Administration'' for ''Coast and Geodetic Survey''

in clause (2)(B) and inserted provision that, for purposes of

clause (2)(B) of subsec. (a), active service as a member of the

Environmental Science Services Administration includes active

service as a member of the Coast and Geodetic Survey.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 501(16) of Pub. L. 96-513 effective Sept.

15, 1981, and amendment by section 511(42) of Pub. L. 96-513

effective Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out

as a note under section 101 of this title.

REPEALS

The directory language of, but not the amendment made by, Pub. L.

89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit

to this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct.

12, 1982, 96 Stat. 1314.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Public Health Service, see note set

out under section 802 of this title.

-MISC5-

ADDITIONAL SERVICE CREDITABLE TO CERTAIN REGULARS

Section 39 of act Aug. 10, 1956, provided that: ''In addition to

service with which he may be credited under section 1208(a)(2) of

title 10, United States Code (subsec. (a)(2) of this section), a

member of a regular component of the armed forces shall be

credited, for the purposes of chapter 61 of title 10, United States

Code (this chapter), with all service as -

''(1) a cadet at the United States Military Academy, if

appointed before August 24, 1912;

''(2) a midshipman at the United States Naval Academy, if

appointed before March 4, 1913;

''(3) an Army field clerk; and

''(4) a field clerk, Army Quartermaster Corps.''

OFFICERS OF THE PUBLIC HEALTH SERVICE

Applicability of subsec. (a)(2) of this section to officers of

the Reserve Corps and to officers of the Regular Corps of the

Public Health Service, see section 212 of Title 42, The Public

Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1201, 1203, 1204, 1206,

1210, 1212, 1401, 1402, 1402a of this title; title 42 section 212.

-CITE-

10 USC Sec. 1209 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1209. Transfer to inactive status list instead of separation

-STATUTE-

Any member of the armed forces who has at least 20 years of

service computed under section 12732 of this title, and who would

be qualified for retirement under this chapter but for the fact

that his disability is less than 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination, may elect,

instead of being separated under this chapter, to be transferred to

the inactive status list under section 12735 of this title and, if

otherwise eligible, to receive retired pay under section 12739 of

this title upon becoming 60 years of age.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101-189, div. A,

title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L.

104-106, div. A, title XV, Sec. 1501(c)(14), Feb. 10, 1996, 110

Stat. 499.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1209 37:272(g). Oct. 12, 1949, ch.

681, Sec. 402(g),

63 Stat. 820.

-------------------------------

The words ''Notwithstanding the foregoing provisions of this

section'', ''satisfactory Federal'', and ''and receiving disability

severance pay'' are omitted as surplusage. The words ''at the time

of the determination'' are substituted for the word ''current''.

The word ''otherwise'' is substituted for the words ''in all other

respects''.

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''section 12732'' for

''section 1332'', ''section 12735'' for ''section 1335'', and

''section 12739'' for ''chapter 71''.

1989 - Pub. L. 101-189 substituted ''Department of Veterans

Affairs'' for ''Veterans' Administration''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1203, 1206 of this title.

-CITE-

10 USC Sec. 1210 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1210. Members on temporary disability retired list: periodic

physical examination; final determination of status

-STATUTE-

(a) A physical examination shall be given at least once every 18

months to each member of the armed forces whose name is on the

temporary disability retired list to determine whether there has

been a change in the disability for which he was temporarily

retired. He may be required to submit to those examinations while

his name is carried on that list. If a member fails to report for

an examination under this subsection, after receipt of proper

notification, his disability retired pay may be terminated.

However, payments to him shall be resumed if there was just cause

for his failure to report. If payments are so resumed, they may be

made retroactive for not more than one year.

(b) The Secretary concerned shall make a final determination of

the case of each member whose name is on the temporary disability

retired list upon the expiration of five years after the date when

the member's name was placed on that list. If, at the time of that

determination, the physical disability for which the member's name

was carried on the temporary disability retired list still exists,

it shall be considered to be of a permanent nature and stable.

(c) If, as a result of a periodic examination under subsection

(a), or upon a final determination under subsection (b), it is

determined that the member's physical disability is of a permanent

nature and stable and is at least 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination, his name shall

be removed from the temporary disability retired list and he shall

be retired under section 1201 or 1204 of this title, whichever

applies.

(d) If, as a result of a periodic examination under subsection

(a), or upon a final determination under subsection (b), it is

determined that the member's physical disability is of a permanent

nature and stable and is less than 30 percent under the standard

schedule of rating disabilities in use by the Department of

Veterans Affairs at the time of the determination, and if he has at

least 20 years of service computed under section 1208 of this

title, his name shall be removed from the temporary disability

retired list and he shall be retired under section 1201 or 1204 of

this title, whichever applies, with retired pay computed under

section 1401 of this title.

(e) If, as a result of a periodic examination under subsection

(a), or upon a final determination under subsection (b), it is

determined that the member's physical disability is less than 30

percent under the standard schedule of rating disabilities in use

by the Department of Veterans Affairs at the time of the

determination, and if he has less than 20 years of service computed

under section 1208 of this title, his name shall be removed from

the temporary disability retired list and he may be separated under

section 1203 or 1206 of this title, whichever applies.

(f)(1) If, as a result of a periodic examination under subsection

(a), or upon a final determination under subsection (b), it is

determined that the member is physically fit to perform the duties

of his office, grade, rank, or rating, the Secretary shall -

(A) treat the member as provided in section 1211 of this title;

or

(B) discharge the member, retire the member, or transfer the

member to the Fleet Reserve, Fleet Marine Corps Reserve, or

inactive Reserve under any other law if, under that law, the

member -

(i) applies for and qualifies for that retirement or

transfer; or

(ii) is required to be discharged, retired, or eliminated

from an active status.

(2)(A) For the purpose of paragraph (1)(B), a member shall be

considered qualified for retirement or transfer to the Fleet

Reserve or Fleet Marine Corps Reserve or is required to be

discharged, retired, or eliminated from an active status if, were

the member reappointed or reenlisted under section 1211 of this

title, the member would in all other respects be qualified for or

would be required to be retired, transferred to the Fleet Reserve

or Fleet Marine Corps Reserve, discharged, or eliminated from an

active status under any other provision of law.

(B) The grade of a member retired, transferred, discharged, or

eliminated from an active status pursuant to paragraph (1)(B) shall

be determined under the provisions of law under which the member is

retired, transferred, discharged, or eliminated. The member's

retired, retainer, severance, readjustment, or separation pay shall

be computed as if the member had been reappointed or reenlisted

upon removal from the temporary disability retired list and before

the retirement, transfer, discharge, or elimination.

Notwithstanding section 8301 of title 5, a member who is retired

shall be entitled to retired pay effective on the day after the

last day on which the member is entitled to disability retired pay.

(g) Any member of the armed forces whose name is on the temporary

disability retired list, and who is required to travel to submit to

a physical examination under subsection (a), is entitled to the

travel and transportation allowances authorized for members in his

retired grade traveling in connection with temporary duty while on

active duty.

(h) If his name is not sooner removed, the disability retired pay

of a member whose name is on the temporary disability retired list

terminates upon the expiration of five years after the date when

his name was placed on that list.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 99-145, title V,

Sec. 513(a)(2), Nov. 8, 1985, 99 Stat. 627; Pub. L. 101-189, div.

A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1210(a) 37:272(e) (less last Oct. 12, 1949, ch.

sentence). 681, Sec. 402(d)

37:274(a). (30th through 55th

37:274(b) (less 1st words), (e) (less

sentence). 1st proviso of last

sentence), (f) (as

applicable to Sec.

402(e)), 404, 63

Stat. 818-821.

1210(b) 37:272(e) (1st 37

words of last

proviso of last

sentence).

1210(c) 37:272(e) (last

sentence, less

provisos and less

clause (2)).

37:272(e) (38th

through 45th words

of last proviso of

last sentence).

1210(d) 37:272(f) (as

applicable to

37:272(e)).

1210(e) 37:272(e) (clause

(2) of last

sentence).

37:272(e) (46th word

of last proviso of

last sentence).

1210(f) 37:272(e) (47th

through 56th words

of last proviso of

last sentence).

1210(g) 37:274(b) (1st

sentence).

1210(h) 37:272(d) (30th

through 55th

words).

-------------------------------

In subsection (a), the second sentence is substituted for

37:274(a). The word ''resumed'' is substituted for the words

''reinstated at a later date'', in 37:274(b).

In subsection (b), the last sentence is inserted for clarity to

conform to an opinion of the Judge Advocate General of the Army

(JAGA 1953/8438, 30 Dec. 1953) and an opinion of the Judge Advocate

General of the Navy (JAG: III: 7: WBM: bg. 7 Jan. 1954).

In subsection (c), the words ''or upon a final determination

under subsection (b)'' are substituted for the words ''or upon the

determination of a period of five years from the date of temporary

disability retirement'', in 37:272(e). The words ''at the time of

the determination'' are substituted for the word ''current'', in

37:272(e). The words ''and he shall be entitled to receive

disability retirement pay as prescribed in subsection (d) of this

section'' are omitted as covered by sections 1201 and 1204 of this

title. Reference to specific sections on permanent retirement are

substituted for the word ''permanently'', before the word

''retired'', in 37:272(e).

In subsection (d), 37:272(f) (proviso) is omitted as surplusage.

In subsection (e), the words ''and if he has less than 20 years

of service computed under section 1208 of this title'' are inserted

to distinguish the separation requirement under this section from

retirement requirements under subsection (d). 37:272(e) (last 19

words of clause (2) of last sentence) is omitted as covered by

sections 1203 and 1206 of this title. The words ''at the time of

determination'' are substituted for the word ''current''.

In subsection (f), the first 39 words are inserted for clarity.

In subsection (g), the words ''members in his retired grade

traveling in connection with temporary duty'' are substituted for

the words ''the rank, grade, or rating in which retired for

temporary duty travel performed''. The words ''for travel

performed'' are omitted as surplusage.

AMENDMENTS

1989 - Subsecs. (c) to (e). Pub. L. 101-189 substituted

''Department of Veterans Affairs'' for ''Veterans' Administration''

wherever appearing.

1985 - Subsecs. (b) to (d). Pub. L. 99-145, Sec. 513(a)(2)(A),

inserted ''and stable'' after ''permanent nature''.

Subsec. (f). Pub. L. 99-145, Sec. 513(a)(2)(B), designated

existing provisions as par. (1), substituted ''or rating, the

Secretary shall - '' for ''and rating, the Secretary shall treat

him as provided in section 1211 of this title'', added subpars. (A)

and (B), and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1211 of this title.

-CITE-

10 USC Sec. 1211 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1211. Members on temporary disability retired list: return to

active duty; promotion

-STATUTE-

(a) With his consent, any member of the Army or the Air Force

whose name is on the temporary disability retired list, and who is

found to be physically fit to perform the duties of his office,

grade, or rank under section 1210(f) of this title, shall -

(1) if a commissioned officer of a regular component, be

recalled to active duty and, as soon as practicable, may be

reappointed by the President, by and with the advice and consent

of the Senate, to the active-duty list in the regular grade held

by him when his name was placed on the temporary disability

retired list, or in the next higher regular grade;

(2) if a warrant officer of a regular component, be recalled to

active duty and, as soon as practicable, be reappointed by the

Secretary concerned in the regular grade held by him when his

name was placed on the temporary disability retired list, or in

the next higher regular warrant grade;

(3) if an enlisted member of a regular component, be reenlisted

in the regular grade held by him when his name was placed on the

temporary disability retired list or in the next higher regular

enlisted grade;

(4) if a commissioned, warrant, or enlisted Reserve, be

reappointed or reenlisted as a Reserve for service in his reserve

component in the reserve grade held by him when his name was

placed on the temporary disability retired list, or appointed or

enlisted in the next higher reserve commissioned, warrant, or

enlisted grade, as the case may be;

(5) if a commissioned, warrant, or enlisted member of the Army

National Guard of the United States or the Air National Guard of

the United States when the disability was incurred, and if he

cannot be reappointed or reenlisted as a Reserve for service

therein, be appointed or enlisted as a Reserve for service in the

Army Reserve or the Air Force Reserve, as the case may be, in a

grade corresponding to the reserve grade held by him when his

name was placed on the temporary disability retired list, or in

the next higher reserve commissioned, warrant, or enlisted grade,

as the case may be; and

(6) if a member of the Army, or the Air Force, who has no

regular or reserve grade, be reappointed or reenlisted in the

Army, or the Air Force, as the case may be, in the temporary

grade held by him when his name was placed on the temporary

disability retired list, or appointed or enlisted in the next

higher temporary grade.

(b) With his consent, any member of the naval service or of the

Coast Guard whose name is on the temporary disability retired list,

and who is found to be physically fit to perform the duties of his

office, grade, rank, or rating under section 1210(f) of this title,

shall -

(1) if he held an appointment in a commissioned grade in a

regular component when his name was placed on the temporary

disability retired list, be recalled to active duty and, as soon

as practicable, may be reappointed by the President, by and with

the advice and consent of the Senate, to his regular component in

the grade permanently held by him when his name was placed on the

temporary disability retired list, or in the next higher grade;

(2) if he held an appointment in the grade of warrant officer,

W-1, in a regular component when his name was placed on the

temporary disability retired list, be recalled to active duty

and, as soon as practicable, be reappointed by the Secretary

concerned in his regular component in the grade permanently held

by him when his name was placed on the temporary disability

retired list, or may be appointed by the President, by and with

the advice and consent of the Senate, to the grade of chief

warrant officer, W-2;

(3) if he held a permanent enlisted grade in a regular

component when his name was placed on the temporary disability

retired list, be reenlisted in his regular component in the grade

permanently held by him when his name was placed on the temporary

disability retired list, or in the next higher enlisted grade;

(4) if he was a member of the Fleet Reserve or the Fleet Marine

Corps Reserve when his name was placed on the temporary

disability retired list, resume his status in the Fleet Reserve

or the Fleet Marine Corps Reserve in the grade held by him when

his name was placed on the temporary disability retired list, or

in the next higher enlisted grade; and

(5) if a member of a reserve component be reappointed or

reenlisted in his reserve component in the grade permanently held

by him when his name was placed on the temporary disability

retired list or, if that permanent grade is not chief petty

officer or master sergeant, in the next higher grade in that

reserve component.

(c) If a member is appointed, reappointed, enlisted, or

reenlisted, or resumes his status in the Fleet Reserve or the Fleet

Marine Corps Reserve, under subsection (a) or (b), his status on

the temporary disability retired list terminates on the date of his

appointment, reappointment, enlistment, reenlistment, or

resumption, as the case may be. However, if such a member does not

consent to the action proposed under subsection (a) or (b), and if

the member is not discharged, retired, or transferred to the Fleet

Reserve or Fleet Marine Corps Reserve or inactive Reserve under

section 1210 of this title, his status on the temporary disability

retired list and his disability retired pay shall be terminated as

soon as practicable and the member shall be discharged.

(d) Disability retired pay of a member covered by this section

terminates -

(1) on the date when he is recalled to active duty under

subsection (a)(1) or (2) or subsection (b)(1) or (2), for an

officer of a regular component;

(2) on the date when he resumes his status in the Fleet Reserve

or the Fleet Marine Corps Reserve under subsection (b)(4), for a

member of the Fleet Reserve or the Fleet Marine Corps Reserve;

and

(3) on the date when he is appointed, reappointed, enlisted, or

reenlisted, for any other member of the armed forces.

(e) Whenever seniority in grade or years of service is a factor

in determining the qualifications of a member of the armed forces

for promotion, each member who has been appointed, reappointed,

enlisted, or reenlisted, under subsection (a) or (b), shall, when

his name is placed on a lineal list, a promotion list, an approved

all-fully-qualified-officers list, or any similar list, have the

seniority in grade and be credited with the years of service

authorized by the Secretary concerned. The authorized strength in

any regular grade is automatically increased to the minimum extent

necessary to give effect to each appointment made in that grade

under this section. An authorized strength so increased is

increased for no other purpose, and while he holds that grade the

officer whose appointment caused the increase is counted for the

purpose of determining when other appointments, not under this

section, may be made in that grade.

(f) Action under this section shall be taken on a fair and

equitable basis, with regard being given to the probable

opportunities for advancement and promotion that the member might

reasonably have had if his name had not been placed on the

temporary disability retired list.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 96; Pub. L. 87-651, title I,

Sec. 107(b), Sept. 7, 1962, 76 Stat. 508; Pub. L. 96-513, title V,

Sec. 501(17), Dec. 12, 1980, 94 Stat. 2908; Pub. L. 99-145, title

V, Sec. 513(a)(3), Nov. 8, 1985, 99 Stat. 627; Pub. L. 107-107,

div. A, title V, Sec. 505(c)(4), Dec. 28, 2001, 115 Stat. 1088.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1211(a) 37:275(a). Oct. 12, 1949, ch.

37:275(b). 681, Sec. 405, 406,

37:275(c) (1st 407, 63 Stat. 821.

sentence).

37:276(a) (less

clauses (1)-(3)).

37:276(a)(1) (1st 7

words).

37:276(a)(2) (1st 10

words).

37:276(a)(3) (1st 8

words).

37:277(a).

1211(b) 37:275(a).

37:275(b).

37:275(c) (1st

sentence).

37:276(a) (less

clauses (1)-(3)).

37:276(a)(1) (1st 7

words).

37:276(a)(2) (1st 10

words).

37:276(a)(3) (1st 8

words).

37:277(a).

1211(c) 37:276(a)(1) (less

1st 22 words).

37:276(a)(2) (11th

through 18th

words).

37:276(a)(3) (9th

and 10th words).

37:276(b).

1211(d) 37:276(a)(1) (8th

through 22d words).

37:276(a)(2) (less

1st 18 words).

37:276(a)(3) (less

1st 10 words).

1211(e) 37:275(c) (2d

sentence).

37:277 (less (a)).

1211(f) 37:275(c) (last

sentence).

-------------------------------

In subsections (a) and (b), the words ''under section 1210(f) of

this title'' are substituted for the words ''If, as a result of a

periodic physical examination'', in 37:275(a) and (b), and 276(a),

and the words ''and who are subsequently found to be physically

fit'', in 37:277(a). The words ''subject to the provisions of

section 277 of this title'', in 37:275(a), are omitted as

surplusage.

In subsections (a)(2)-(6) and (b)(2)-(6), the appointment or

enlistment is restricted to those already in an enlisted, warrant,

or commissioned status, as the case may be, held by the member

before placement of his name on the temporary disability retired

list, since 37:277 (last sentence) indicates that appointment in

the next higher grade for regular warrant officer is restricted to

those warrant grades to which the President alone may appoint him.

Similarly 37:275 (last 10 words) indicates that an enlisted member

may only be reenlisted.

In subsection (a)(2) reference to the President, in 37:277(a), is

omitted as inapplicable to the appointment of warrant officers of

the Army and the Air Force.

Subsection (a)(5) is substituted for 37:275(b) (proviso) (as

applicable to Army and Air Force).

Subsection (a)(6) is inserted, since the words ''reserve

component'' are defined by section 102(k) of the source statute to

include members of the Army and the Air Force who have no component

status.

In subsection (b)(2), the words ''by and with the advice and

consent of the Senate'' are added to make it clear that all

appointments to the grade of commissioned warrant officer in the

Navy, Marine Corps, and Coast Guard require Senate confirmation.

Although these words do not appear in section 405 of the Career

Compensation Act of 1949, there is no indication that an exception

to the basic law relating to appointments in commissioned grades

was intended.

Subsection (d)(3) is made applicable to members without component

status, since the words ''reserve component'' are defined in

section 102(k) of the source statute to include members of the Army

and the Air Force who have no component status.

In subsection (e), the words ''rank'' and ''rating'' are omitted

as surplusage.

1962 ACT

The changes correct typographical errors.

AMENDMENTS

2001 - Subsec. (e). Pub. L. 107-107 inserted ''an approved

all-fully-qualified-officers list,'' after ''a promotion list,''.

1985 - Subsec. (c). Pub. L. 99-145 inserted ''and if the member

is not discharged, retired, or transferred to the Fleet Reserve or

Fleet Marine Corps Reserve or inactive Reserve under section 1210

of this title,'' after ''proposed under subsection (a) or (b),''

and inserted ''and the member shall be discharged'' after ''as soon

as practicable''.

1980 - Subsec. (a)(1). Pub. L. 96-513 substituted ''active-duty

list'' for ''active list of his regular component''.

1962 - Subsec. (d). Pub. L. 87-651 substituted ''subsection

(b)(1) or (2)'' for ''subsection (b)(1), (2), or (3)'' in cl. (1),

and ''subsection (b)(4)'' for ''subsection (b)(5)'' in cl. (2).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1210, 12009 of this

title.

-CITE-

10 USC Sec. 1212 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1212. Disability severance pay

-STATUTE-

(a) Upon separation from his armed force under section 1203 or

1206 of this title, a member is entitled to disability severance

pay computed by multiplying (1) his years of service, but not more

than 12, computed under section 1208 of this title, by (2) the

highest of the following amounts:

(A) Twice the amount of monthly basic pay to which he would be

entitled if serving (i) on active duty on the date when he is

separated and (ii) in the grade and rank in which he was serving

on the date when his name was placed on the temporary disability

retired list, or if his name was not carried on that list, on the

date when he is separated.

(B) Twice the amount of monthly basic pay to which he would be

entitled if serving (i) on active duty on the date when his name

was placed on the temporary disability retired list or, if his

name was not carried on that list, on the date when he is

separated, and (ii) in any temporary grade or rank higher than

that described in clause (A), in which he served satisfactorily

as determined by the Secretary of the military department or the

Secretary of Homeland Security, as the case may be, having

jurisdiction over the armed force from which he is separated.

(C) Twice the amount of monthly basic pay to which he would be

entitled if serving (i) on active duty on the date when his name

was placed on the temporary disability retired list or, if his

name was not carried on that list, on the date when he is

separated, and (ii) in the permanent regular or reserve grade to

which he would have been promoted had it not been for the

physical disability for which he is separated and which was found

to exist as a result of a physical examination.

(D) Twice the amount of monthly basic pay to which he would be

entitled if serving (i) on active duty on the date when his name

was placed on the temporary disability retired list or, if his

name was not carried on that list, on the date when he is

separated, and (ii) in the temporary grade or rank to which he

would have been promoted had it not been for the physical

disability for which he is separated and which was found to exist

as a result of a physical examination, if his eligibility for

promotion was required to be based on cumulative years of service

or years in grade.

(b) For the purposes of subsection (a), a part of a year of

active service that is six months or more is counted as a whole

year, and a part of a year that is less than six months is

disregarded.

(c) The amount of disability severance pay received under this

section shall be deducted from any compensation for the same

disability to which the former member of the armed forces or his

dependents become entitled under any law administered by the

Department of Veterans Affairs. However, no deduction may be made

from any death compensation to which his dependents become entitled

after his death.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 98; Pub. L. 96-513, title V,

Sec. 511(43), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 101-189, div.

A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub.

L. 107-107, div. A, title V, Sec. 593(a), Dec. 28, 2001, 115 Stat.

1126; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002,

116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1212(a) 37:273 (less 1st and Oct. 12, 1949, ch.

last provisos). 681, Sec. 403, 63

Stat. 820.

1212(b) 37:273 (1st

proviso).

1212(c) 37:273 (last

proviso).

-------------------------------

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.

AMENDMENTS

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''.

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 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).''

EFFECTIVE DATE OF 1980 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1203, 1206 of this title;

title 38 section 1161.

-CITE-

10 USC Sec. 1213 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1213. Effect of separation on benefits and claims

-STATUTE-

Unless a person who has received disability severance pay again

becomes a member of an armed force, the National Oceanic and

Atmospheric Administration, or the Public Health Service, he is not

entitled to any payment from the armed force from which he was

separated for, or arising out of, his service before separation,

under any law administered by one of those services or for it by

another of those services. However, this section does not prohibit

the payment of money to a person who has received disability

severance pay, if the money was due him on the date of his

separation or if a claim by him is allowed under any law.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89-718, Sec. 8(a),

Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-513, title V, Sec. 511(44),

Dec. 12, 1980, 94 Stat. 2924.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1213 37:280. Oct. 12, 1949, ch.

681, Sec. 410, 63

Stat. 823.

-------------------------------

The words ''a person who has received disability severance pay''

are substituted for the words ''Any former member who has been

separated for physical disability from any of the uniformed

services and paid disability severance pay''. The words ''any

payment * * * for'' are substituted for the words ''for any

monetary obligation provided under any provision * * * on account

of''. The words ''this section does not prohibit'' are substituted

for the words ''shall not operate to bar''. The words ''the

payment of money to * * * if the money was due him'' are

substituted for the words ''from receiving or the service concerned

from paying any moneys due and payable''. The words ''valid'',

''processed'', and ''pursuant to any provisions of law'' are

omitted as surplusage.

AMENDMENTS

1980 - Pub. L. 96-513 substituted ''National Oceanic and

Atmospheric Administration'' for ''Environmental Science Services

Administration''.

1966 - Pub. L. 89-718 substituted ''Environmental Science

Services Administration'' for ''Coast and Geodetic Survey''.

EFFECTIVE DATE OF 1980 AMENDMENT

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.

REPEALS

The directory language of, but not the amendment made by, Pub. L.

89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit

to this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct.

12, 1982, 96 Stat. 1314.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Public Health Service, see note set

out under section 802 of this title.

-CITE-

10 USC Sec. 1214 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1214. Right to full and fair hearing

-STATUTE-

No member of the armed forces may be retired or separated for

physical disability without a full and fair hearing if he demands

it.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 100.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1214 37:283 (less 1st 17 Oct. 12, 1949, ch.

words). 681, Sec. 413 (less

1st 17 words), 63

Stat. 825.

-------------------------------

The words ''including regulations'' are omitted as covered by

section 1216(a) of this title.

-CITE-

10 USC Sec. 1215 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1215. Members other than Regulars: applicability of laws

-STATUTE-

The laws and regulations that entitle any retired member of a

regular component of the armed forces to pay, rights, benefits, or

privileges extend the same pay, rights, benefits, or privileges to

any other member of the armed forces who is not a member of a

regular component and who is retired, or to whom retired pay is

granted, because of physical disability.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 100.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1215 37:272(i). Oct. 12, 1949, ch.

681, Sec. 402(i),

63 Stat. 820.

-------------------------------

The words ''is retired, or to whom retired pay is granted'' are

substituted for the words ''heretofore or hereafter retired or

granted retirement pay''. The words ''any other member of the

armed forces'' are substituted for the words ''all members of the

reserve components'', since the words ''reserve components'' are

defined by section 102(k) of the Career Compensation Act of 1949,

63 Stat. 805 (37 U.S.C. 231(k)), to include members appointed,

enlisted, or inducted without component.

-CITE-

10 USC Sec. 1216 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1216. Secretaries: powers, functions, and duties

-STATUTE-

(a) The Secretary concerned shall prescribe regulations to carry

out this chapter within his department.

(b) Except as provided in subsection (d), the Secretary concerned

has all powers, functions, and duties incident to the determination

under this chapter of -

(1) the fitness for active duty of any member of an armed force

under his jurisdiction;

(2) the percentage of disability of any such member at the time

of his separation from active duty;

(3) the suitability of any member for reappointment,

reenlistment, or reentry upon active duty in an armed force under

his jurisdiction; and

(4) the entitlement to, and payment of, disability severance

pay to any member of an armed force under his jurisdiction.

(c) The Secretary concerned or the Secretary of Veterans Affairs,

as prescribed by the President, has the powers, functions, and

duties under this chapter incident to hospitalization,

reexaminations, and the payment of disability retired pay within

his department or agency.

(d) The Secretary concerned may not, with respect to any member

who is a general officer or flag officer or is a medical officer

being processed for retirement under any provisions of this title

by reason of age or length of service -

(1) retire such member under section 1201 of this title;

(2) place such member on the temporary disability retired list

pursuant to section 1202 of this title; or

(3) separate such member from an armed force pursuant to

section 1203 of this title

by reason of unfitness to perform the duties of his office, grade,

rank, or rating unless the determination of the Secretary concerned

with respect to unfitness is first approved by the Secretary of

Defense on the recommendation of the Assistant Secretary of Defense

for Health Affairs.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 94-225, Sec. 2(a),

Mar. 4, 1976, 90 Stat. 202; Pub. L. 96-513, title V, Sec. 511(45),

Dec. 12, 1980, 94 Stat. 2924; Pub. L. 98-525, title XIV, Sec.

1405(25), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99-661, div. A,

title XIII, Sec. 1343(a)(7), Nov. 14, 1986, 100 Stat. 3992; Pub. L.

101-189, div. A, title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 103

Stat. 1603; Pub. L. 104-106, div. A, title IX, Sec. 903(f)(2),

Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201, div. A, title IX,

Sec. 901, Sept. 23, 1996, 110 Stat. 2617.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1216(a) 1216(b) 37:283 (1st 17 Oct. 12, 1949, ch.

1216(c) words). 37:284(a). 681, Sec. 413 (1st

37:284 (less (a)). 17 words), 414, 63

Stat. 824, 825.

-------------------------------

In subsection (b), the words ''of any member for reappointment,

reenlistment'' are inserted for clarity, since they are implied in

the words ''reentry into active service''.

In subsections (b) and (c), the words ''under this chapter'' are

inserted for clarity.

In subsection (c), the words ''as prescribed by the President''

are substituted for the words ''under regulations promulgated by

the President''.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-106, Sec. 903(a), (f)(2), which

directed amendment of subsec. (d), eff. Jan. 31, 1997, by

substituting ''official in the Department of Defense with principal

responsibility for health affairs'' for ''Assistant Secretary of

Defense for Health Affairs'', was repealed by Pub. L. 104-201.

1989 - Subsec. (c). Pub. L. 101-189 substituted ''Secretary of

Veterans Affairs'' for ''Administrator of Veterans' Affairs''.

1986 - Subsec. (d). Pub. L. 99-661 substituted ''who is a general

officer or flag officer or is a medical officer'' for ''who is in

pay grade O-7 or higher or is a Medical Corps officer or medical

officer of the Air Force'' in provisions preceding par. (1).

1984 - Subsec. (b). Pub. L. 98-525 struck out ''of this section''

after ''subsection (d)'' in provisions preceding par. (1).

1980 - Subsec. (d). Pub. L. 96-513 substituted ''Affairs'' for

''and Environment''.

1976 - Subsec. (b). Pub. L. 94-225, Sec. 2(a)(1), substituted

''Except as provided in subsection (d) of this section, the

Secretary'' for ''The Secretary''.

Subsec. (d). Pub. L. 94-225, Sec. 2(a)(2), added subsec. (d).

EFFECTIVE DATE OF 1980 AMENDMENT

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.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 2(b) of Pub. L. 94-225 provided that: ''The amendments

made by subsection (a) of this section (amending this section)

shall apply with respect to unfitness determinations made on or

after the date of the enactment of this Act (Mar. 4, 1976) by the

Secretaries of the military departments concerned for purposes of

sections 1201, 1202, and 1203 of title 10, United States Code.''

-EXEC-

EX. ORD. NO. 10122. REGULATIONS GOVERNING DISABILITY PAY,

HOSPITALIZATION AND REEXAMINATION

Ex. Ord. No. 10122, Apr. 14, 1950, 15 F.R. 2173, as amended by

Ex. Ord. 10400, Sept. 27, 1952, 17 F.R. 8648; 1953 Reorg. Plan No.

1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Ex.

Ord. No. 11733, July 30, 1973, 38 F.R. 20431 provided:

By virtue of and pursuant to the authority vested in me by

section 414(b) of the Career Compensation Act of 1949, approved

October 12, 1949 (Public Law 351, 81st Congress (former section

284(b) of Title 37, now covered by subsecs. (b) and (c) of this

section), and as President of the United States and Commander in

Chief of the armed forces of the United States, I hereby prescribe

the following regulations governing payment of disability

retirement pay, hospitalization, and re-examination of members and

former members of the uniformed services:

Section 1. The terms ''uniformed services'' and ''Secretary'' as

used in these regulations shall have the meaning prescribed

therefor by subsections (a) and (f), respectively, of section 102

of the Career Compensation Act of 1949 (section 101(3) and (5) of

Title 37, Pay and Allowances of the Uniformed Services).

Sec. 2. (a) Effective as of October 1, 1949, all duties, powers,

and functions incident to the payment of disability retirement pay

of members or former members of the uniformed services retired for

physical disability or receiving disability retirement pay shall,

except as provided in subsection (b) of this section, be vested in

the Secretary concerned.

(b) Effective July 1, 1950, all duties, powers, and functions

exercised by the Veterans' Administration pursuant to Executive

Order No. 8099 of April 28, 1939, as amended by Executive Order No.

8461 of June 28, 1940, relative to the administration of the

retirement-pay provisions of section 1 of the act of August 30,

1935, as amended by section 5 of the act of April 3, 1939, 53 Stat.

557 (former section 369a of this title), and amendments thereof,

shall, as to cases within their respective jurisdictions, be vested

in the Secretary of the Army and the Secretary of the Air Force,

and thereafter the Veterans' Administration shall not be charged in

any case with any further responsibility in the administration of

the said retirement-pay provisions. The said Executive Order No.

8099 as amended by the said Executive Order No. 8461 is hereby

amended accordingly.

Sec. 3. All duties, powers, and functions incident to the

hospitalization, except as provided in section 5 of this order, and

re-examination of members of the uniformed services placed on the

temporary disability retired list under the provisions of the

Career Compensation Act of 1949 shall be vested in the Secretary

concerned.

Sec. 4. Effective May 1, 1950, all duties, powers, and functions

incident to the hospitalization of members or former members of the

uniformed services permanently retired for physical disability or

receiving disability retirement pay shall, except as provided in

section 5 of this order, be vested in the Secretary concerned:

Provided, that all the duties, powers, and functions incident to

hospitalization which such members or former members are entitled

to and elect to receive in facilities of the Veterans'

Administration, other than hospitals under the jurisdiction of the

uniformed services, shall be vested in the Administrator of

Veterans' Affairs.

Sec. 5. All duties, powers, and functions incident to the

hospitalization of members or former members of the uniformed

services placed on the temporary disability retired list or

permanently retired for physical disability or receiving disability

retirement pay who require hospitalization for chronic diseases

shall be vested in the Administrator of Veterans' Affairs:

Provided, that all the duties, powers, and functions incident to

hospitalization for such members or former members who elect to

receive hospitalization in uniformed services facilities shall,

subject to the availability of space and facilities and the

capabilities of the medical and dental staff, be vested in the

Secretary concerned: And provided further, that for the purpose of

this order, the term ''chronic disease'' shall be construed to

include arthritis, malignancy, psychiatric or neuropsychiatric

disorder, neurological disabilities, poliomyelitis with disability

residuals and degenerative diseases of the nervous system, severe

injuries to the nervous system including quadriplegics,

hemiplegics, and paraplegics, tuberculosis, blindness and deafness

requiring definitive rehabilitation, major amputees, and such other

diseases as may be so defined jointly by the Secretary of Defense,

the Administrator of Veterans' Affairs, and the Federal Security

Administrator and so described in appropriate regulations of the

respective departments and agencies concerned. Executive Order No.

9703 of March 12, 1946, prescribing regulations relating to the

medical care of certain personnel of the Coast Guard, National

Oceanic and Atmospheric Administration (formerly Coast and Geodetic

Survey), Public Health Service, and the former Lighthouse Service,

is hereby amended to the extent necessary to conform to the

provisions of this section.

Sec. 6. Except as provided in section 5 hereof with respect to

hospitalization for chronic diseases, nothing in this order shall

be construed to affect the duties, powers, and functions of the

Public Health Service with respect to hospitalization and medical

examination of members and former members of the Coast Guard and

the National Oceanic and Atmospheric Administration (formerly Coast

and Geodetic Survey) under the Public Health Service Act, approved

July 1, 1944 (58 Stat. 682), as amended (section 201 et seq. of

Title 42, The Public Health and Welfare), and the regulations

prescribed by the said Executive Order No. 9703 of March 12, 1946.

Sec. 7. Nothing in this order shall be construed to affect the

duties, powers, and functions vested in the Administrator of

Veterans' Affairs pursuant to the provisions of the act of May 24,

1928, entitled ''An Act making eligible for retirement, under

certain conditions, officers and former officers of the Army, Navy,

and Marine Corps of the United States, other than officers of the

Regular Army, Navy, or Marine Corps, who incurred physical

disability in line of duty while in the service of the United

States during the World War'' (45 Stat. 735, as amended) (section

581 of former Title 38), or by or pursuant to the act of September

26, 1941, entitled ''An Act to provide retirement pay and hospital

benefits to certain Reserve officers, Army of the United States,

disabled while on active duty'' (55 Stat. 733) (former section 456a

of this title).

-CITE-

10 USC Sec. 1217 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1217. Cadets, midshipmen, and aviation cadets: chapter does

not apply to

-STATUTE-

This chapter does not apply to cadets at the United States

Military Academy, the United States Air Force Academy, or the Coast

Guard Academy, or to midshipmen of the Navy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 85-861, Sec.

33(a)(7), Sept. 2, 1958, 72 Stat. 1564.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1217 (No source). (No source).

-------------------------------

The revised section is inserted to reflect the limited definition

of the word ''member'' in section 102(b) of the Career Compensation

Act of 1949 (37 U.S.C. 231(b)).

1958 ACT

Aviation cadets were omitted from chapter 61 because Title IV of

the Career Compensation Act of 1949 (formerly 37 U.S.C. 271 et

seq.), which was the source law for this chapter, covered only

members entitled to basic pay and it was believed that aviation

cadets were not so entitled. However, the Comptroller General has

ruled that aviation cadets are entitled to basic pay (30 Comp. Gen.

431). Accordingly, aviation cadets were covered by Title IV and

should not be excepted from chapter 61.

AMENDMENTS

1958 - Pub. L. 85-861 struck out provisions which made chapter

inapplicable to aviation cadets.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 1218 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1218. Discharge or release from active duty: claims for

compensation, pension, or hospitalization

-STATUTE-

(a) A member of an armed force may not be discharged or released

from active duty because of physical disability until he -

(1) has made a claim for compensation, pension, or

hospitalization, to be filed with the Department of Veterans

Affairs, or has refused to make such a claim; or

(2) has signed a statement that his right to make such a claim

has been explained to him, or has refused to sign such a

statement.

(b) A right that a member may assert after failing or refusing to

sign a claim, as provided in subsection (a), is not affected by

that failure or refusal.

(c) This section does not prevent the immediate transfer of a

member to a facility of the Department of Veterans Affairs for

necessary hospital care.

-SOURCE-

(Added Pub. L. 85-56, title XXII, Sec. 2201(31)(A), June 17, 1957,

71 Stat. 160; amended Pub. L. 87-651, title I, Sec. 107(c), Sept.

7, 1962, 76 Stat. 508; Pub. L. 101-189, div. A, title XVI, Sec.

1621(a)(1), (4), Nov. 29, 1989, 103 Stat. 1602, 1603.)

-MISC1-

HISTORICAL AND REVISION NOTES

1962 ACT

Sections 1218 and 1219 are restated, without substantive change,

to conform to the style adopted for title 10.

AMENDMENTS

1989 - Subsec. (a)(1). Pub. L. 101-189, Sec. 1621(a)(1),

substituted ''Department of Veterans Affairs'' for ''Veterans'

Administration''.

Subsec. (c). Pub. L. 101-189, Sec. 1621(a)(4), substituted

''facility of the Department of Veterans Affairs'' for ''Veterans'

Administration facility''.

1962 - Pub. L. 87-651 amended section generally, and among other

changes, substituted ''Discharge or release from active duty:

claims for compensation, pension, or hospitalization'' for

''Explanation of rights before discharge'' in section catchline,

and struck out provisions which prohibited a person from being

discharged or released from active duty until his certificate of

discharge or release from active duty and his final pay (or a

substantial portion of his final pay) are ready for delivery to him

or to his next of kin or legal representative.

EFFECTIVE DATE

Section effective Jan. 1, 1958, see section 2301 of Pub. L.

85-56, 71 Stat. 172.

-CITE-

10 USC Sec. 1219 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1219. Statement of origin of disease or injury: limitations

-STATUTE-

A member of an armed force may not be required to sign a

statement relating to the origin, incurrence, or aggravation of a

disease or injury that he has. Any such statement against his

interests, signed by a member, is invalid.

-SOURCE-

(Added Pub. L. 85-56, title XXII, Sec. 2201(31)(A), June 17, 1957,

71 Stat. 160; amended Pub. L. 87-651, title I, Sec. 107(c), Sept.

7, 1962, 76 Stat. 509.)

-MISC1-

HISTORICAL AND REVISION NOTES

1962 ACT

Sections 1218 and 1219 are restated, without substantive change,

to conform to the style adopted for title 10.

AMENDMENTS

1962 - Pub. L. 87-651 substituted ''Statement of origin of

disease or injury: limitation'' for ''Statement against interest

void'' in section catchline, and ''A member of an armed force may

not be required to sign a statement relating to the origin,

incurrence, or aggravation of a disease or injury that he has. Any

such statement against his interests, signed by a member, is

invalid'' for ''No person in the Armed Forces may be required to

sign a statement of any nature relating to the origin, incurrence,

or aggravation of any disease or injury he may have. Any such

statement against his own interest, whenever signed, is of no force

and effect.''

EFFECTIVE DATE

Section effective Jan. 1, 1958, see section 2301 of Pub. L.

85-56, 71 Stat. 172.

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10 USC Sec. 1220 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

(Sec. 1220. Repealed. Pub. L. 87-651, title I, Sec. 107(d), Sept.

7, 1962, 76 Stat. 509)

-MISC1-

Section, added Pub. L. 85-56, title XXII, Sec. 2201(31)(A), June

17, 1957, 71 Stat. 161, related to location of accredited

representatives at military installations. See section 2679 of

this title.

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10 USC Sec. 1221 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-

Sec. 1221. Effective date of retirement or placement of name on

temporary disability retired list

-STATUTE-

Notwithstanding section 8301 of title 5, the Secretary concerned

may specify an effective date for the retirement of any member of

the armed forces under this chapter, or for the placement of his

name on the temporary disability retired list, that is earlier than

the date provided for in that section.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(28)(B), Sept. 2, 1958, 72 Stat. 1451;

amended Pub. L. 89-718, Sec. 3, Nov. 2, 1966, 80 Stat. 1115.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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1221 5:47a(b). Aug. 2, 1956, ch.

876, 70 Stat. 933.

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Clause (2)(A) is omitted as unnecessary since the revised section

applies to the armed forces, and the revised section is made

applicable to the other uniformed services by sections 3 and 4 of

the act enacting this revised section. Clause (2)(B) is omitted as

covered by section 101(8) of this title and sections 3 and 4 of the

act enacting this revised section.

AMENDMENTS

1966 - Pub. L. 89-718 substituted ''8301'' for ''47a''.

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