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10 U.S.C. § 1216 — Secretaries: powers, functions, and duties

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1216 — Secretaries: powers, functions, and duties

**(a)** The Secretary concerned shall prescribe regulations to carry out this chapter within his department. **(b)** Except as provided in subsection (d), the Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of— (1) the fitness for active duty of any member of an armed force under his jurisdiction; (2) the percentage of disability of any such member at the time of his separation from active duty; (3) the suitability of any member for reappointment, reenlistment, or reentry upon active duty in an armed force under his jurisdiction; and (4) the entitlement to, and payment of, disability severance pay to any member of an armed force under his jurisdiction. **(c)** The Secretary concerned or the Secretary of Veterans Affairs, as prescribed by the President, has the powers, functions, and duties under this chapter incident to hospitalization, reexaminations, and the payment of disability retired pay within his department or agency. **(d)** The Secretary concerned may not, with respect to any member who is a general officer or flag officer or is a medical officer being processed for retirement under any provisions of this title by reason of age or length of service— (1) retire such member under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201&num=0&edition=prelim); (2) place such member on the temporary disability retired list pursuant to [section 1202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1202&num=0&edition=prelim); or (3) separate such member from an armed force pursuant to [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1203&num=0&edition

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Stable record: federal_law:legal_authorities:record_usc_0e708e9f0ba6337ac235b192
Source file: Laws/federal/codes/united-states-code/title-10/section-1216-secretaries-powers-functions-and-duties--7921a68159.md
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Source location: Title 10, Chapter 61, § 1216; chapter-061-retirement-or-separation-for-physical-disability.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1203 — Regulars and members on active duty for more than 30 days: separation

**(a) Separation.—** Upon a determination by the Secretary concerned that a member described in [section 1201(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201/c&num=0&edition=prelim) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in [section 1201(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201/c/3&num=0&edition=prelim), the member may be separated from the member’s armed force, with severance pay computed under [section 1212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212&num=0&edition=prelim), if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b). **(b) Required Determinations of Disability.—** Determinations referred to in subsection (a) are determinations by the Secretary that— (1) the member has less than 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim); (2) 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; (3) based upon accepted medical principles, the disability is or may be of a permanent nature; and (4) either— (A) 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 the disability was (i) the proximate result of performing active duty, (ii) incurred in line of duty in time of

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1201 — Regulars and members on active duty for more than 30 days: retirement

**(a) Retirement.—** Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim), if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b). **(b) Required Determinations of Disability.—** Determinations referred to in subsection (a) are determinations by the Secretary that— (1) based upon accepted medical principles, the disability is of a permanent nature and stable; (2) 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 (3) either— (A) the member has at least 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim); 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; and either— (i) the disability was not noted at the time of the member’s entrance on active duty (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); (ii) the disability is the proximate result of performing active duty; (iii) the disability

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1201

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1202 — Regulars and members on active duty for more than 30 days: temporary disability retired list

Upon a determination by the Secretary concerned that a member described in [section 1201(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201/c&num=0&edition=prelim) would be qualified for retirement under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201&num=0&edition=prelim) 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 [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2157 — Flag officers

During any period in which the Coast Guard is not operating as a service in the Navy, [section 1216(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1216/d&num=0&edition=prelim) does not apply with respect to flag officers of the Coast Guard.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 339 — Prevention and response workforces

**(a) Career Paths.—** The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Secretary shall make available published information on such career paths. **(b) Qualifications for Certain Assignments.—** An officer, member, or civilian employee of the Coast Guard assigned as a— (1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under [section 3316 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3316&num=0&edition=prelim) for the type of vessel, system, or equipment that is inspected; (2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities; (3) marine safety engineer shall have knowledge, skill, and practical experience in— (A) the construction and operation of commercial vessels; (B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or (C) the qualifications and training of vessel personnel; (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to maritime transportation system management; or (5)

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 339

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1216 — Secretaries: powers, functions, and duties

Page 1271 TITLE 10—ARMED FORCES § 1216 privileges to any other member of the armed forces who is not a member of a regular compo- nent and who is retired, or to whom retired pay is granted, because of physical disability. (Aug. 10, 1956, ch. 1041, 70A Stat. 100.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1215 ......... 37:272(i). Oct. 12, 1949, ch. 681, § 402(i), 63 Stat. 820. The words ‘‘is retired, or to whom retired pay is granted’’ are substituted for the words ‘‘heretofore or hereafter retired or granted retirement pay’’. The words ‘‘any other member of the armed forces’’ are sub- stituted for the words ‘‘all members of the reserve com- ponents’’, since the words ‘‘reserve components’’ are defined by section 102(k) of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)), to include members appointed, enlisted, or inducted without com- ponent. § 1216. Secretaries: powers, functions, and duties (a) The Secretary concerned shall prescribe regulations to carry out this chapter within his department. (b) Except as provided in subsection (d), the Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of— (1) the fitness for active duty of any member of an armed force under his jurisdiction; (2) the percentage of disability of any such member at the time of his separation from ac- tive duty; (3) the suitability of any member for re- appointment, reenlistment, or reentry upon active duty in an armed force under his juris- diction; and (4) the entitlement to, and payment of, dis- ability severance pay to any member of an armed force under his jurisdiction. (c) The Secretary concerned or the Secretary of Veterans Affairs, as p

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1216

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