10 U.S.C. § 1203

section 1201 of this titleTo 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 , 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).

section 1209 of this titleThe last sentence of the revised section, relating to transfer to the inactive status list, is inserted for clarity because of .

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. 111–383, § 1075(e)(12)Pub. L. 110–417, § 727(b)(2)2011—Subsec. (b)(4)(B). , made technical amendment to directory language of . See 2008 Amendment note below.

Pub. L. 111–383, § 1075(b)(19), substituted “determination,” for “determination,,”.

Pub. L. 110–417, § 727(b)(2)Pub. L. 111–383, § 1075(e)(12)2008—Subsec. (b)(4)(B). , as amended by , 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 evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)”.

Pub. L. 110–417, § 727(b)(1), struck out “the member has six months or more of active military service, and” before “the disability was not noted”.

Pub. L. 110–181section 1208 of this title substituted “, the member has six months or more of active military service, and the disability was not noted at the time of the member’s entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)” for “and the member has at least eight years of service computed under ”.

Pub. L. 104–201section 10148(a) of this titlesection 1212 of this title1996— 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 ) 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 , if the Secretary also determines that—”.

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

Pub. L. 101–1891989—Par. (4)(A) to (C). substituted “Department of Veterans Affairs” for “Veterans’ Administration” wherever appearing.

Pub. L. 96–513September 14, 1978September 15, 1978September 30, 19821980—Par. (4)(A)(iii). 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, § 10(c)(2), added cl. (iii).

Pub. L. 96–513September 14, 1978September 15, 1978September 30, 1982Par. (4)(C). 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” in cl. (iii).

Pub. L. 96–343, § 10(c)(3)September 15, 1978September 30, 1982, 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 , 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” for “the proximate result of performing active duty nor incurred in line of duty in time of war or national emergency”.

Pub. L. 95–377, § 3(2)Sept. 15, 1978Sept. 30, 1979Sept. 30, 19791978—Par. (4)(A)(iii). , added cl. (iii) which provided additional conditions, 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. 95–377, § 3(3)Sept. 15, 1978Sept. 30, 1979Sept. 30, 1979Par. (4)(C). , 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 , through , and terminated on . See Effective and Termination Dates of 1978 Amendment note set out under this section.

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 2011 Amendment

Pub. L. 111–383, div. A, title X, § 1075(e)(12)Jan. 7, 2011124 Stat. 4375Oct. 14, 2008Pub. L. 110–417, , , provided that the amendment by section 1075(e)(12) is effective as of , and as if included in as enacted.

Effective Date of 1996 Amendment

Pub. L. 104–201Sept. 23, 1996section 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. 103–337Dec. 1, 1994section 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 .

Effective Date of 1980 Amendment

Pub. L. 96–513Sept. 15, 1981Pub. L. 96–513Dec. 12, 1980section 701 of Pub. L. 96–513section 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 .

Executive Documents

Suspension of Certain Promotion and Disability Separation Limitations

Sept. 21, 1980section 1201 of this titleFor provisions relating to the suspension of certain promotion and disability separation limitations, see Ex. Ord. No. 12239, , 45 F.R. 62967, set out as a note under .