CHAPTER 61 —RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
Editorial Notes
Amendments
2011—
2009—
2008—
2006—
2004—
1999—
1997—
1986—
1962—
1958—
1957—
Statutory Notes and Related Subsidiaries
Continuing Military Service for Certain Members Eligible for Chapter 61 Retirement
"(a)
"(1) in the current military occupational specialty of such covered member, for which the covered member may not be deployable; or
"(2) in a military occupational specialty for which the covered member is deployable.
"(b)
"(1) for which the covered member is eligible under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs; and
"(2) solely on the basis that the covered member elected to continue to serve in the Armed Forces instead of taking retirement under
"(c)
"(1) whom the Secretary of the military department concerned determines possesses skill or experience vital to the Armed Force concerned;
"(2) who incurs a disability—
"(A) while eligible for special pay under
"(B) that renders the member eligible for retirement under
"(3) who seeks to continue to serve in the Armed Forces instead of taking such retirement."
§1201. Regulars and members on active duty for more than 30 days: retirement
(a)
(b)
(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
(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 disability was not noted at the time of the member's entrance on active duty (unless clear and unmistakable evidence demonstrates that the disability existed before the member's entrance on active duty and was not aggravated by active military service);
(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)
(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
(3) Any other member of the armed forces who is on active duty but is not entitled to basic pay by reason of
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1201 | 37:272(a) (less clause (5), and less 2d proviso). 37:272(b) (less clause (5), and less 2d and last provisos). 37:272(f) (less applicability to 37:272(c) and (e)). |
Oct. 12, 1949, ch. 681, §402(a) (less clause (5), and less 2d proviso), (b) (less clause (5), and less 2d and last provisos), (f) (less applicability to §402(c) and (e)), |
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,
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).
| 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.
Editorial Notes
Amendments
2008—Subsec. (b)(3)(B)(i).
1996—
1994—
1989—Par. (3)(B).
1985—Par. (1).
1980—Par. (3)(B)(iv).
1978—Par. (3)(B)(iv).
1962—
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective and Termination Dates of 1978 Amendment
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
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
Executive Documents
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
§1202. Regulars and members on active duty for more than 30 days: temporary disability retired list
Upon a determination by the Secretary concerned that a member described in
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1202 | 37:272(a) (clause (5)). 37:272(b) (clause (5)). |
Oct. 12, 1949, ch. 681, §402(a) (clause (5)), (b) (clause (5)), |
The first 82 words are inserted for clarity and are based on the rule stated in
| 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.
Editorial Notes
Amendments
1996—
1994—
1985—
1962—
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§1203. Regulars and members on active duty for more than 30 days: separation
(a)
(b)
(1) the member has less than 20 years of service computed under
(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, the disability was not noted at the time of the member's entrance on active duty (unless clear and unmistakable evidence demonstrates that the disability existed before the member's entrance on active duty and was not aggravated by active military service), 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
However, if the member is eligible for transfer to the inactive status list under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1203 | 37:272(a) (2d proviso). 37:272(b) (2d and last provisos). |
Oct. 12, 1949, ch. 681, §402(a) (2d proviso), (b) (2d and last provisos), |
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
Clause (1) is inserted for clarity, since a member who had over 20 years of service would qualify under
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
| 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.
Editorial Notes
Amendments
2011—Subsec. (b)(4)(B).
2008—Subsec. (b)(4)(B).
1996—
1994—
1989—Par. (4)(A) to (C).
1980—Par. (4)(A)(iii).
Par. (4)(C).
1978—Par. (4)(A)(iii).
Par. (4)(C).
1962—
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective and Termination Dates of 1978 Amendment
Executive Documents
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
§1204. Members on active duty for 30 days or less or on inactive-duty training: retirement
Upon a determination by the Secretary concerned that a member of the armed forces not covered by
(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
(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
(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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1204 | 37:271(a). 37:272(c) (less clause (5), and less last proviso). 37:272(f) (as applicable to 37:272(c)). |
Oct. 12, 1949, ch. 681, §§401(a), 402(c) (less clause (5), and less last proviso), 402(f) (as applicable to §402(c)), |
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
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
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).
Editorial Notes
Amendments
2001—Par. (2)(B)(iii).
1999—Par. (2)(C).
1997—
Par. (2).
"(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).
1992—Par. (2).
1989—Par. (4)(B).
1986—
1985—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Effective Date of 1986 Amendment
Amendment by
§1205. Members on active duty for 30 days or less: temporary disability retired list
Upon a determination by the Secretary concerned that a member of the armed forces not covered by
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1205 | 37:272(c) (clause (5)). | Oct. 12, 1949, ch. 681, §402(c) (clause (5)), |
The first 52 words are inserted for clarity and are based on the rule stated in
Editorial Notes
Amendments
1986—
1985—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
§1206. Members on active duty for 30 days or less or on inactive-duty training: separation
Upon a determination by the Secretary concerned that a member of the armed forces not covered by
(1) the member has less than 20 years of service computed under
(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
(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
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1206 | 37:272(c) (last proviso). | Oct. 12, 1949, ch. 681, §402(c) (last proviso), |
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
Clause (1) is inserted for clarity, since a member who had over 20 years of service would qualify under
The last sentence of the revised section, relating to transfer to the inactive status list, is inserted for clarity because of
Editorial Notes
Amendments
2001—Par. (2)(B)(iii).
Par. (5).
1999—Par. (2).
"(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).
1997—
Pars. (2) to (5).
1992—Par. (4).
1989—Par. (4).
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
§1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing
(a)
(b)
(1) physical standards for retention due to a preexisting condition not aggravated during the period of active duty; or
(2) medical or dental standards for deployment due to a preexisting condition not aggravated during the period of active duty.
(c)
(Added
§1207. Disability from intentional misconduct or willful neglect: separation
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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1207 | 37:278. | Oct. 12, 1949, ch. 681, §408, |
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.
§1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions
(a) In the case of a member described in subsection (b) who would be covered by
(b) A member described in subsection (a) is a member with at least eight years of active service.
(Added
§1208. Computation of service
(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
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
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1208(a) | 37:282 (less clauses (2) and (3), 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). | Oct. 12, 1949, ch. 681, §412 (less clause (3), less applicability to persons referred to in §411, 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), |
| 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
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,
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,
Editorial Notes
Amendments
1996—Subsec. (b).
1987—Subsec. (a).
1986—Subsec. (a)(2)(A).
1980—Subsec. (a).
1966—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Effective Date of 1980 Amendment
Amendment by section 501(16) of
Repeals
The directory language of, but not the amendment made by,
Additional Service Creditable to Certain Regulars
Act Aug. 10, 1956, ch. 1041, §39,
"(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
Executive Documents
Transfer of Functions
For transfer of functions of Public Health Service, see note set out under
§1209. Transfer to inactive status list instead of separation
Any member of the armed forces who has at least 20 years of service computed under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1209 | 37:272(g). | Oct. 12, 1949, ch. 681, §402(g), |
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".
Editorial Notes
Amendments
1996—
1989—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
§1210. Members on temporary disability retired list: periodic physical examination; final determination of status
(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 three 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
(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
(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
(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
(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
(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
(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 three years after the date when his name was placed on that list.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1210(a) | 37:272(e) (less last sentence). 37:274(a). 37:274(b) (less 1st sentence). |
Oct. 12, 1949, ch. 681, §§402(d) (30th through 55th words), (e) (less 1st proviso of last sentence), (f) (as applicable to §402(e)), 404, |
| 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
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
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.
Editorial Notes
Amendments
2016—Subsecs. (b), (h).
1989—Subsecs. (c) to (e).
1985—Subsecs. (b) to (d).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
§1211. Members on temporary disability retired list: return to active duty; promotion
(a) With his consent, any member of the Army, the Air Force, or the Space 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
(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, the Air Force, or the Space Force who has no regular or reserve grade, be reappointed or reenlisted in the Army, the Air Force, or the Space 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
(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
(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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1211(a) | 37:275(a). 37:275(b). 37:275(c) (1st sentence). |
Oct. 12, 1949, ch. 681, §§405, 406, 407, |
| 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
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.
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (a)(6).
2001—Subsec. (e).
1985—Subsec. (c).
1980—Subsec. (a)(1).
1962—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
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
§1212. Disability severance pay
(a) Upon separation from his armed force under
(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)(1) The minimum years of service of a member for purposes of subsection (a)(1) shall be as follows:
(A) Six years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense.
(B) Three years in the case of any other member.
(2) The maximum years of service of a member for purposes of subsection (a)(1) shall be 19 years.
(d)(1) 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.
(2) No deduction may be made under paragraph (1) in the case of disability severance pay received by a member for a disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.
(3) No deduction may be made under paragraph (1) from any death compensation to which a member's dependents become entitled after the member's death.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1212(a) | 37:273 (less 1st and last provisos). | Oct. 12, 1949, ch. 681, §403, |
| 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
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.
Editorial Notes
Amendments
2008—Subsec. (a)(1).
Subsec. (c).
Subsec. (d).
2002—Subsec. (a)(2)(B).
2001—Subsec. (a)(2)(C), (D).
1989—Subsec. (c).
1980—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
[Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2001 Amendment
Effective Date of 1980 Amendment
Amendment by
Combat-Injured Veterans Tax Fairness
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Combat-Injured Veterans Tax Fairness Act of 2016'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) Approximately 10,000 to 11,000 individuals are retired from service in the Armed Forces for medical reasons each year.
"(2) Some of such individuals are separated from service in the Armed Forces for combat-related injuries (as defined in section 104(b)(3) of the Internal Revenue Code of 1986 [
"(3) Congress has recognized the tremendous personal sacrifice of veterans with combat-related injuries by, among other things, specifically excluding from taxable income severance pay received for combat-related injuries.
"(4) Since 1991, the Secretary of Defense has improperly withheld taxes from severance pay for wounded veterans, thus denying them their due compensation and a significant benefit intended by Congress.
"(5) Many veterans owed redress are beyond the statutory period to file an amended tax return because they were not or are not aware that taxes were improperly withheld.
"SEC. 3. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS TO VETERANS WITH COMBAT-RELATED INJURIES.
"(a)
"(1) identify—
"(A) the severance payments—
"(i) that the Secretary paid after January 17, 1991;
"(ii) that the Secretary computed under
"(iii) that were not considered gross income pursuant to section 104(a)(4) of the Internal Revenue Code of 1986 [
"(iv) from which the Secretary withheld amounts for tax purposes; and
"(B) the individuals to whom such severance payments were made; and
"(2) with respect to each person identified under paragraph (1)(B), provide—
"(A) notice of—
"(i) the amount of severance payments in paragraph (1)(A) which were improperly withheld for tax purposes; and
"(ii) such other information determined to be necessary by the Secretary of the Treasury to carry out the purposes of this section; and
"(B) instructions for filing amended tax returns to recover the amounts improperly withheld for tax purposes.
"(b)
"(1)
"(2)
"SEC. 4. REQUIREMENT THAT SECRETARY OF DEFENSE ENSURE AMOUNTS ARE NOT WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS NOT CONSIDERED GROSS INCOME.
"The Secretary of Defense shall take such actions as may be necessary to ensure that amounts are not withheld for tax purposes from severance payments made by the Secretary to individuals when such payments are not considered gross income pursuant to section 104(a)(4) of the Internal Revenue Code of 1986 [
"SEC. 5. REPORT TO CONGRESS.
"(a)
"(b)
"(1) The number of individuals identified under section 3(a)(1)(B).
"(2) Of all the severance payments described in section 3(a)(1)(A), the aggregate amount that the Secretary withheld for tax purposes from such payments.
"(3) A description of the actions the Secretary plans to take to carry out section 4.
"(c)
"(1) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Finance of the Senate; and
"(2) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Ways and Means of the House of Representatives."
§1213. Effect of separation on benefits and claims
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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1213 | 37:280. | Oct. 12, 1949, ch. 681, §410, |
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.
Editorial Notes
Amendments
1980—
1966—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Repeals
The directory language of, but not the amendment made by,
Executive Documents
Transfer of Functions
For transfer of functions of Public Health Service, see note set out under
§1214. Right to full and fair hearing
No member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1214 | 37:283 (less 1st 17 words). | Oct. 12, 1949, ch. 681, §413 (less 1st 17 words), |
The words "including regulations" are omitted as covered by
§1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation
(a)
(b)
(c)
(2) A member determined pursuant to reevaluation under paragraph (1) to be unfit to perform the duties of the member's office, grade, rank, or rating may be retired or separated for physical disability under this chapter.
(3) The Secretary of Defense shall be the final approval authority for any case determined by the Secretary of a military department to warrant administrative separation or denial of reenlistment based on a determination that the member is unsuitable for continued service due to the same medical condition of the member considered by a Physical Evaluation Board that found the member fit for duty.
(Added
Editorial Notes
Amendments
2011—
Subsec. (a).
Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
Effective Date
§1215. Members other than Regulars: applicability of laws
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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1215 | 37:272(i). | Oct. 12, 1949, ch. 681, §402(i), |
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,
§1216. Secretaries: powers, functions, and duties
(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
(2) place such member on the temporary disability retired list pursuant to
(3) separate such member from an armed force pursuant to
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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1216(a) 1216(b) 1216(c) |
37:283 (1st 17 words). 37:284(a). 37:284 (less (a)). |
Oct. 12, 1949, ch. 681, §§413 (1st 17 words), 414, |
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".
Editorial Notes
Amendments
1996—Subsec. (d).
1989—Subsec. (c).
1986—Subsec. (d).
1984—Subsec. (b).
1980—Subsec. (d).
1976—Subsec. (b).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1976 Amendment
Applicability of Subsection (d)
Subsec. (d) of this section inapplicable with respect to flag officers of the Coast Guard during any period in which the Coast Guard is not operating as a service in the Navy, see
Executive Documents
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, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053,
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
(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,
§1216a. Determinations of disability: requirements and limitations on determinations
(a)
(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.
(b)
(Added
§1217. Academy cadets and midshipmen: applicability of chapter
(a) This chapter applies to cadets at the United States Military Academy, the United States Air Force Academy, and the United States Coast Guard Academy and midshipmen of the United States Naval Academy, but only with respect to physical disabilities incurred after October 28, 2004.
(b) Monthly cadet pay and monthly midshipman pay under
(Aug. 10, 1956, ch. 1041,
| 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 (
1958 Act
Aviation cadets were omitted from
Editorial Notes
Amendments
2006—Subsec. (a).
2004—
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1958 Amendment
Amendment by
§1218. Discharge or release from active duty: claims for compensation, pension, or hospitalization
(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.
(d)(1) The Secretary of a military department shall ensure that each member of a reserve component under the jurisdiction of the Secretary who is determined, after a mobilization and deployment to an area in which imminent danger pay is authorized under
(A) cleared by appropriate authorities for continuation on active duty; or
(B) separated, retired, or placed on the temporary disability retired list or inactive status list.
(2)(A) A member described in paragraph (1) may request termination of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member.
(B) Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released from active duty after the member receives counseling about the consequences of termination of active duty.
(C) Each release from active duty under subparagraph (B) shall be thoroughly documented.
(3) The requirements in paragraph (1) shall expire on October 28, 2014.
(Added
Historical and Revision Notes
1962 Act
Sections 1218 and 1219 are restated, without substantive change, to conform to the style adopted for title 10.
Editorial Notes
Amendments
2016—Subsec. (d)(1).
2014—Subsec. (d)(3).
2009—Subsec. (d).
1989—Subsec. (a)(1).
Subsec. (c).
1962—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1958, see section 2301 of
§1218a. Discharge or release from active duty: transition assistance for reserve component members injured while on active duty
(a)
(1) Information on the availability of care and administrative processing through community based warrior transition units.
(2) Information on the location of the community based warrior transition unit located nearest to the permanent place of residence of the member.
(b)
(Added
§1219. Statement of origin of disease or injury: limitations
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.
(Added
Historical and Revision Notes
1962 Act
Sections 1218 and 1219 are restated, without substantive change, to conform to the style adopted for title 10.
Editorial Notes
Amendments
1962—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1958, see section 2301 of
[§1220. Repealed. Pub. L. 87–651, title I, §107(d), Sept. 7, 1962, 76 Stat. 509 ]
Section, added
§1221. Effective date of retirement or placement of name on temporary disability retired list
Notwithstanding
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1221 | 5:47a(b). | Aug. 2, 1956, ch. 876, |
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
Editorial Notes
Amendments
1966—
§1222. Physical evaluation boards
(a)
(b)
(A) a requirement for the Secretary of each military department to make available to members of the armed forces appearing before physical evaluation boards operated by that Secretary employees, designated as physical evaluation board liaison officers, to provide advice, counsel, and general information to such members on the operation of physical evaluation boards operated by that Secretary; and
(B) standards and guidelines concerning the training of such physical evaluation board liaison officers.
(2) The Secretary shall ensure compliance by the Secretary of each military department with physical evaluation board liaison officer requirements and training standards and guidelines at least once every three years.
(c)
(A) assignment and training of staff;
(B) operating procedures; and
(C) timeliness of board decisions.
(2) The Secretary shall ensure compliance with standards and guidelines prescribed under paragraph (1) by each physical evaluation board at least once every three years.
(Added
Editorial Notes
Effective Date
Statutory Notes and Related Subsidiaries
Quality Review of Medical Evaluation Boards, Physical Evaluation Boards, and Physical Evaluation Board Liaison Officers
"(a)
"(1) Medical Evaluation Boards.
"(2) Physical Evaluation Boards.
"(3) Physical Evaluation Board Liaison Officers.
"(b)
"(1) To ensure accuracy and consistency in the determinations and decisions of Medical Evaluation Boards and Physical Evaluation Boards.
"(2) To otherwise monitor and sustain proper performance of the duties of Medical Evaluation Boards and Physical Evaluation Boards, and of Physical Evaluation Board Liaison Officers.
"(3) Such other objectives as the Secretary shall specify for purposes of the quality assurance program."
[(c) Repealed.