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10 U.S.C. § 1206 — Members on active duty for 30 days or less or on inactive-duty training: separation

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

10 U.S.C. § 1206 — Members on active duty for 30 days or less or on inactive-duty training: separation

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Stable record: federal_law:legal_authorities:record_usc_4a16000f0957cbd285ddf339
Source file: Laws/federal/codes/united-states-code/title-10/section-1206-members-on-active-duty-for-30-days-or-less-or-on-inactive-duty-training--2911debea4.md
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Source location: Title 10, Chapter 61, § 1206; chapter-061-retirement-or-separation-for-physical-disability.md

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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 member may be separated from his 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 determines 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 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) was serving on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim); (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 October 5, 1999, 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. However, if the member is eligible for transfer to the inactive status list under [section 1209 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1209&num=0&edition=prelim), and so elects, he shall be transferred to that list instead of being separated.

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

10 U.S.C. § 1208 — Computation of service

**(a)** For the purposes of this chapter, a member of a regular component shall be credited with the service described in paragraph (1) or that described in paragraph (2), whichever is greater: (1) The service that he is considered to have for the purpose of separation, discharge, or retirement for length of service. (2) The sum of— (A) his active service as a member of the armed forces, a nurse, a reserve nurse, a contract surgeon, a contract dental surgeon, or an acting dental surgeon; (B) his active service as a member of the National Oceanic and Atmospheric Administration or the Public Health Service; and (C) his service while participating in exercises or performing duties under sections 502, 503, 504, and 505 of title 32. For the purpose of paragraph (2), active service as a member of the National Oceanic and Atmospheric Administration includes active service as a member of the Environmental Science Services Administration and of the Coast and Geodetic Survey. **(b)** A member of the armed forces who is not a member of a regular component shall be credited, for the purposes of this chapter, with the number of years of service that he would count if he were computing his years of service under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1208

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

10 U.S.C. § 12503 — Ready Reserve: funeral honors duty

**(a) Order to Duty.—** A member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran as defined in [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). Performance of funeral honors duty by a Reserve not on active duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37. **(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive— (1) service credit under [section 12732(a)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and (2) as directed by the Secretary concerned, either— (A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or (B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim). **(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under [section 452 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) if such duty is performed at a location 50 miles or more from the member’s residence. **(d) Regulations.—** The exercise of authority un

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12503

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

10 U.S.C. § 1074a — Medical and dental care: members on duty other than active duty for a period of more than 30 days

**(a)** Under joint regulations prescribed by the administering Secretaries, the following persons are entitled to the benefits described in subsection (b): (1) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease in the line of duty while performing— (A) active duty for a period of 30 days or less; (B) inactive-duty training; or (C) service on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim). (2) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease while traveling directly to or from the place at which that member is to perform or has performed— (A) active duty for a period of 30 days or less; (B) inactive-duty training; or (C) service on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim). (3) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty 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. (4) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before serving on fu

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1074a

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

10 U.S.C. § 1212 — Disability severance pay

**(a)** Upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying (1) the member’s 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) (subject to the minimum and maximum years of service provided for in subsection (c)), by (2) the highest of the following amounts: (A) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when he is separated and (ii) in the grade and rank in which he was serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on that list, on the date when he is separated. (B) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in any temporary grade or rank higher than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the armed force from which he is separated. (C) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is separat

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1212

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

10 U.S.C. § 1209 — Transfer to inactive status list instead of separation

Any member of the armed forces who has at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), and who would be qualified for retirement under this chapter but for the fact that his 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, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under [section 12735 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12735&num=0&edition=prelim) and, if otherwise eligible, to receive retired pay under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim) upon becoming 60 years of age.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1209

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

10 U.S.C. § 1204 — Members on active duty for 30 days or less or on inactive-duty training: retirement

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

32 U.S.C. § 115 — Funeral honors duty performed as a Federal function

**(a) Order to Duty.—** A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran under [section 1491 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned. Performance of funeral honors duty by such a member not on active duty or full-time National Guard duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37. **(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive— (1) service credit under [section 12732(a)(2)(E) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and (2) as directed by the Secretary concerned, either— (A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or (B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim). **(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reim

Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 115

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

10 U.S.C. § 1206 — Members on active duty for 30 days or

Page 1260 TITLE 10—ARMED FORCES § 1205 members on active duty for 30 days or less are on the same footing as those on active duty for a longer pe- riod, with respect to the effect of misconduct or ne- glect. In clause (3), the words ‘‘and was not incurred during a period of unauthorized absence’’ are inserted to con- form to other revised sections of this chapter and be- cause of section 1207 of this title. 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 deter- mination’’ are substituted for the word ‘‘current’’, in 37:272(c). Editorial Notes AMENDMENTS 2001—Par. (2)(B)(iii). Pub. L. 107–107, struck out ‘‘, if the site of the inactive-duty training is outside reason- able commuting distance of the member’s residence’’ before semicolon. 1999—Par. (2)(C). Pub. L. 106–65 added subpar. (C). 1997—Pub. L. 105–85, § 513(d)(1), amended section catchline generally, inserting ‘‘or on inactive-duty training’’ after ‘‘30 days or less’’. Par. (2). Pub. L. 105–85, § 513(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘the disability is the proximate result of, or was in- curred in line of duty after the date of the enactment of this Act as a result of— ‘‘(A) performing active duty or inactive-duty train- ing; ‘‘(B) traveling directly to or from the place at which such duty is performed; or ‘‘(C) an injury, illness, or disease incurred or aggra- vated while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive duty training, if

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1206

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