§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.

(Added Pub. L. 85–56, title XXII, §2201(31)(A), June 17, 1957, 71 Stat. 160 ; amended Pub. L. 87–651, title I, §107(c), Sept. 7, 1962, 76 Stat. 508 ; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), (4), Nov. 29, 1989, 103 Stat. 1602 , 1603.)

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, §1621(a)(1), substituted "Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (c). Pub. L. 101–189, §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 .