Public Law 119-73 (01/23/2026)

10 U.S.C. § 1202

Regulars and members on active duty for more than 30 days: temporary disability retired list

section 1201(c) of this titlesection 1201 of this titlesection 1401 of this titleUpon a determination by the Secretary concerned that a member described in would be qualified for retirement under 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 .

Aug. 10, 1956, ch. 104170A Stat. 92Pub. L. 85–861, § 1(28)(A)72 Stat. 1451Pub. L. 87–651, title I, § 107(a)76 Stat. 508Pub. L. 99–145, title V, § 513(a)(1)(B)99 Stat. 627Pub. L. 103–337, div. A, title XVI, § 1671(c)(6)108 Stat. 3014Pub. L. 104–201, div. A, title V, § 572(b)110 Stat. 2533(, ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

1956 Act

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)), 63 Stat. 816, 817.

section 1201 of this titleThe first 82 words are inserted for clarity and are based on the rule stated in , 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].

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

Act1962

The changes correct typographical errors.

Editorial Notes

Amendments

Pub. L. 104–201section 1201(c) of this titlesection 10148(a) of this title1996— substituted “a member described in ” 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 ) for a period of more than 30 days,”.

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

Pub. L. 99–1451985— inserted “and stable” after “determined to be of a permanent nature”.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–201section 572(d) of Pub. L. 104–201section 1201 of this titleAmendment by effective , and applicable with respect to physical disabilities incurred on or after such date, see , set out as a note under .

Effective Date of 1994 Amendment

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