US Code

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

10 U.S.C. § 640

Deferment of retirement or separation for medical reasons

(a)
If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a manner consistent with the member’s well being before the date on which the officer would otherwise be required to retire or be separated under this title, the Secretary may defer the retirement or separation of the officer under this title.
(b)
A deferral of retirement or separation under subsection (a) may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.

Pub. L. 96–513, title I, § 10594 Stat. 2866Pub. L. 107–107, div. A, title V, § 507115 Stat. 1090(Added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 107–1072001— amended text generally. Prior to amendment, text read as follows: “The Secretary of the military department concerned may defer the retirement or separation under this title of any officer if the evaluation of the physical condition of the officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which the officer would otherwise be required to retire or be separated under this title.”

Statutory Notes and Related Subsidiaries

Effective Date

section 701 of Pub. L. 96–513section 101 of this titleSection effective , but the authority to prescribe regulations under this section effective on , see , set out as an Effective Date of 1980 Amendment note under .