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10 U.S.C. § 1207 — Disability from intentional misconduct or willful neglect: separation
Federal law — U.S. Code and appendices · legal_authorities
Each member of the armed forces who incurs a physical disability that, in the determination of the Secretary concerned, makes him unfit to perform the duties of his office, grade, rank, or rating, and that resulted from his intentional misconduct or willful neglect or was incurred during a period of unauthorized absence, shall be separated from his armed force without entitlement to any benefits under this chapter.
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Stable record: federal_law:legal_authorities:record_usc_2f2b348edd438dd825743ab6
Source file: Laws/federal/codes/united-states-code/title-10/section-1207-disability-from-intentional-misconduct-or-willful-neglect-separation--8b8f6e3250.md
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Source location: Title 10, Chapter 61, § 1207; chapter-061-retirement-or-separation-for-physical-disability.md
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Each member of the armed forces who incurs a physical disability that, in the determination of the Secretary concerned, makes him unfit to perform the duties of his office, grade, rank, or rating, and that resulted from his intentional misconduct or willful neglect or was incurred during a period of unauthorized absence, shall be separated from his armed force without entitlement to any benefits under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Upon 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 [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 determines that—
(1) based upon accepted medical principles, the disability is of a permanent nature and stable;
(2) the disability—
(A) was incurred before September 24, 1996, 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 September 23, 1996—
(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1204
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “Commandant” means the Commandant of the Coast Guard.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 314
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Federal law — U.S. Code and appendices · legal_authorities
The Commandant shall appoint a Director of Congressional Affairs from among officers of the Coast Guard who are in a grade above captain. The Director of Congressional Affairs is separate and distinct from the Director of Governmental and Public Affairs for the Coast Guard and is the principal advisor to the Commandant on all congressional and legislative matters for the Coast Guard and may have such additional functions as the Commandant may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 315
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 1262
TITLE 10—ARMED FORCES
§ 1207
(b) shall be considered for all purposes under
this chapter to have been serving under an order
to active duty for a period of 30 days or less.
(b) APPLICABLE REASONS FOR RELEASE.—Sub-
section (a) applies in the case of a member re-
leased from active duty because of a failure to
meet—
(1) physical standards for retention due to a
preexisting condition not aggravated during
the period of active duty; or
(2) medical or dental standards for deploy-
ment due to a preexisting condition not aggra-
vated during the period of active duty.
(c) SAVINGS PROVISION FOR MEDICAL CARE PRO-
VIDED WHILE ON ACTIVE DUTY.—Notwithstanding
subsection (a), any benefit under chapter 55 of
this title received by a member described in sub-
section (a) or a dependent of such member before
or during the period of active duty shall not be
subject to recoupment or otherwise affected.
(Added Pub. L. 108–375, div. A, title V, § 521(a),
Oct. 28, 2004, 118 Stat. 1887.)
§ 1207. Disability from intentional misconduct or
willful neglect: separation
Each member of the armed forces who incurs
a physical disability that, in the determination
of the Secretary concerned, makes him unfit to
perform the duties of his office, grade, rank, or
rating, and that resulted from his intentional
misconduct or willful neglect or was incurred
during a period of unauthorized absence, shall be
separated from his armed force without entitle-
ment to any benefits under this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 94.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
1207 .........
37:278.
Oct. 12, 1949, ch. 681, § 408,
63 Stat. 823.
The words ‘‘Each member * * * who’’ are substituted
for the words ‘‘When a mem
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1207
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.