US Code

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

10 U.S.C. § 1204

Members on active duty for 30 days or less or on inactive-duty training: retirement

section 1401 of this titleUpon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability, the Secretary may retire the member with retired pay computed under , if the Secretary also determines that—
(1)
based upon accepted medical principles, the disability is of a permanent nature and stable;
(2)
the disability—
(A)
was incurred before , 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 —
(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)
section 12503 of this titlesection 115 of title 32 while the member was serving on funeral honors duty under or ;
(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)
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.

Aug. 10, 1956, ch. 104170A Stat. 93Pub. L. 99–145, title V, § 513(a)(1)(A)99 Stat. 627Pub. L. 99–661, div. A, title VI, § 604(d)(1)100 Stat. 3876Pub. L. 101–189, div. A, title XVI, § 1621(a)(1)103 Stat. 1602Pub. L. 102–484, div. A, title V, § 516(a)106 Stat. 2407Pub. L. 104–201, div. A, title V, § 534110 Stat. 2521Pub. L. 105–85, div. A, title V, § 513(c)(1)111 Stat. 1730Pub. L. 106–65, div. A, title V, § 578(i)(3)113 Stat. 629Pub. L. 107–107, div. A, title V, § 513(b)115 Stat. 1093(, ; , , ; , (2)(A), , ; , , ; , , ; , , ; , (d)(1), , , 1731; , , ; , , .)

Historical and Revision Notes

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

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 section 1201, 1202, or 1203 of this title” are substituted for the words “a member * * * other than those members covered in subsections (a) and (b) of this section”. 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(c). The words “of such member”, “upon retirement”, and “to receive”, in 37:272(c), 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(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.

section 1207 of this titleIn 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 . The words “full-time training duty, other full-time duty” are omitted as covered by the words “active duty”.

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

Pub. L. 107–1072001—Par. (2)(B)(iii). , struck out “, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence” before semicolon.

Pub. L. 106–651999—Par. (2)(C). added subpar. (C).

Pub. L. 105–85, § 513(d)(1)1997—, amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”.

Pub. L. 105–85, § 513(c)(1)Par. (2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of, or was incurred in line of duty after the date of the enactment of this Act as a result of—

“(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;”.

Pub. L. 104–2011996—Par. (2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is 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;”.

Pub. L. 102–4841992—Par. (2). inserted before semicolon at end “or of traveling directly to or from the place at which such duty is performed”.

Pub. L. 101–1891989—Par. (4)(B). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 99–6611986— struck out “; disability from injury” after “30 days or less” in section catchline and “resulting from an injury” after “because of physical disability” in provisions preceding par. (1).

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

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–484, div. A, title V, § 516(b)106 Stat. 2407

section 1206 of this title“The amendments made by subsection (a) [amending this section and ] shall take effect with respect to disabilities incurred on or after , but any benefits or services payable by reason of the applicability of those amendments during the period beginning on , and ending on the date of the enactment of this Act [] shall be subject to the availability of appropriations.”
, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–661section 604(g) of Pub. L. 99–661section 1074a of this titleAmendment by applicable with respect to persons who, after , incur or aggravate an injury, illness, or disease or die, see , set out as a note under .