US Code

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

10 U.S.C. § 1206

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

section 1212 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 member may be separated from his armed force, with severance pay computed under , if the Secretary also determines that—
(1)
section 1208 of this title the member has less than 20 years of service computed under ;
(2)
the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty—
(A)
while—
(i)
performing active duty or inactive-duty training;
(ii)
traveling directly to or from the place at which such duty is performed; or
(iii)
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 is outside reasonable commuting distance of the member’s residence; or
(B)
while the member—
(i)
section 12503 of this titlesection 115 of title 32 was serving on funeral honors duty under or ;
(ii)
was traveling to or from the place at which the member was to so serve; or
(iii)
remained overnight at or in the vicinity of that place immediately before so serving;
(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;
(4)
based upon accepted medical principles, the disability is or may be of a permanent nature; and
(5)
the disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and, in the case of a disability incurred before , was 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.
section 1209 of this titleHowever, if the member is eligible for transfer to the inactive status list under , and so elects, he shall be transferred to that list instead of being separated.

Aug. 10, 1956, ch. 104170A Stat. 94Pub. 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. 105–85, div. A, title V, § 513(c)(2)111 Stat. 1731Pub. L. 106–65, div. A, title V, § 578(i)(4)113 Stat. 629Pub. L. 107–107, div. A, title V, § 513(b)115 Stat. 1093(, ; , (3), , ; , , ; , , ; , (d)(2), , ; , title VI, § 653(c), , , 667; , title X, § 1048(c)(6), , , 1226.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1206

37:272(c) (last proviso).

Oct. 12, 1949, ch. 681, § 402(c) (last proviso), 63 Stat. 818.

section 1204 of this titleTo state fully in the revised section the rule contained in 37:272(c) (last proviso), the provisions of 37:272(c) (less clause (5), and less 1st proviso), and 272(f) (as applicable to 272(c)), 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”.

Clause (1) is inserted for clarity, since a member who had over 20 years of service would qualify under section 1204 or 1205 of this title.

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 .

Editorial Notes

Amendments

Pub. L. 107–107, § 513(b)2001—Par. (2)(B)(iii). , struck out “, if the place is outside reasonable commuting distance from the member’s residence” before semicolon at end.

Pub. L. 107–107, § 1048(c)(6)Par. (5). , substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,”.

Pub. L. 106–65, § 578(i)(4)1999—Par. (2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while—

“(A) performing active duty or inactive-duty training;

“(B) traveling directly to or from the place at which such duty is performed; or

“(C) 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 is outside reasonable commuting distance of the member’s residence;”.

Pub. L. 106–65, § 653(c)Par. (5). , inserted “, in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,” after “determination, and”.

Pub. L. 105–85, § 513(d)(2)1997—, amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”.

Pub. L. 105–85, § 513(c)(2)Pars. (2) to (5). , added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

Pub. L. 102–4841992—Par. (4). inserted before period at end “or of traveling directly to or from the place at which such duty is performed”.

Pub. L. 101–1891989—Par. (4). 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).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–484section 516(b) of Pub. L. 102–484section 1204 of this titleAmendment by effective with respect to disabilities incurred on or after , with any benefits or services payable by reason of applicability of that amendment during period beginning , and ending , subject to availability of appropriations, see , set out as a note under .

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 .