10 U.S.C. § 1201 | Regulars and members on active duty for more than 30 days: retirement

(a)

Retirement .—

section 1401 of this titleUpon 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 , 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)

section 1208 of this title the member has at least 20 years of service computed under ; 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 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)

September 14, 1978 the disability was incurred in line of duty after .

(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)

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

(3)

section 502(b) of title 37 Any other member of the armed forces who is on active duty but is not entitled to basic pay by reason of due to authorized absence (A) to participate in an educational program, or (B) for an emergency purpose, as determined by the Secretary concerned.

Aug. 10, 1956, ch. 1041 70A Stat. 91 Pub. L. 85–861, § 1(28)(A)Sept. 2, 195872 Stat. 1451 Pub. L. 87–651, title I, § 107(a)Sept. 7, 196276 Stat. 508 Pub. L. 95–377, § 3(1)Sept. 19, 197892 Stat. 719 Pub. L. 96–343, § 10(c)(1)Sept. 8, 198094 Stat. 1129 Pub. L. 96–513, title I, § 117Dec. 12, 198094 Stat. 2878 Pub. L. 99–145, title V, § 513(a)(1)(A)Nov. 8, 198599 Stat. 627 Pub. L. 101–189, div. A, title XVI, § 1621(a)(1)Nov. 29, 1989103 Stat. 1602 Pub. L. 103–337, div. A, title XVI, § 1671(c)(6)Oct. 5, 1994108 Stat. 3014 Pub. L. 104–201, div. A, title V, § 572(a)Sept. 23, 1996110 Stat. 2533 Pub. L. 110–181, div. A, title XVI, § 1641(a)Jan. 28, 2008122 Stat. 464 Pub. L. 110–417Oct. 14, 2008122 Stat. 4510(, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , [div. A], title VII, § 727(a), , .)

Historical and Revision Notes
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)), 63 Stat. 816, 817, 820.

Historical and Revision Notes

1956 Act

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)), 63 Stat. 816, 817, 820.

63 Stat. 805 37 U.S.C. 231(k)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, (), 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].

Act of April 23, 1956, ch. 209March 18, 1957The amendment reflects the (70 Stat 115). (See opinion of Comp. Gen., B–130269, .)

Act1962

The changes correct typographical errors.

Editorial Notes

Amendments

Pub. L. 110–4172008—Subsec. (b)(3)(B)(i). struck out “the member has six months or more of active military service and” before “the disability was not noted” and substituted “(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)” for “(unless compelling evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)”.

Pub. L. 110–181 section 1208 of this title amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the member has at least eight years of service computed under ;”.

Pub. L. 104–201 section 10148(a) of this title section 1401 of this title1996— 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 ) 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 , if the Secretary also determines that—”.

Pub. L. 103–3371994— substituted “10148(a)” for “270(b)” in introductory provisions.

Pub. L. 101–1891989—Par. (3)(B). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 99–1451985—Par. (1). inserted “and stable” after “permanent nature”.

Pub. L. 96–513September 14, 1978September 15, 1978September 30, 19821980—Par. (3)(B)(iv). substituted “after ” for “during the period beginning on , and ending on , 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).

Pub. L. 95–377Sept. 15, 1978Sept. 30, 1979Sept. 30, 19791978—Par. (3)(B)(iv). added cl. (iv) which provided additional condition, effective on Presidential determination, that the disability was incurred in the line of duty during , through , and which terminated on . See Effective and Termination Dates of 1978 Amendment note set out under this section.

Pub. L. 87–651 section 270(b) of this title section 270(b) of this title1962— substituted “training under )” for “training) under ”.

Pub. L. 85–861 section 270(b) of this title1958— inserted “under ” after “(other than for training)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–201, div. A, title V, § 572(d)Sept. 23, 1996110 Stat. 2533

Sept. 23, 1996“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 [] and shall apply with respect to physical disabilities incurred on or after such date.”

, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337Dec. 1, 1994section 1691 of Pub. L. 103–337 section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1980 Amendment

Pub. L. 96–513Sept. 15, 1981Pub. L. 96–513Dec. 12, 1980section 701 of Pub. L. 96–513 section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .

Effective and Termination Dates of 1978 Amendment

Pub. L. 95–377, § 3Sept. 19, 197892 Stat. 719Sept. 15, 1978Sept. 30, 1979, , , provided that the amendment made by that section is effective only for the period beginning , and ending .

Public Health Service

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

National Oceanic and Atmospheric Administration

section 3071 of Title 33Authority 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 , Navigation and Navigable Waters.

Executive Documents

Executive Order No. 12239

Sept. 21, 1980Dec. 9, 1982section 301 of Title 3Ex. Ord. No. 12239, , 45 F.R. 62967, which related to suspension of certain promotion and disability separation limitations, was revoked by Ex. Ord. No. 12396, , 47 F.R. 55897, set out as a note under , The President.