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10 U.S.C. § 1212 — Disability severance pay
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_4b4a7f6d6ff24c1c19662358
Source file: Laws/federal/codes/united-states-code/title-10/section-1212-disability-severance-pay--2ed2d9411a.md
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Source location: Title 10, Chapter 61, § 1212; chapter-061-retirement-or-separation-for-physical-disability.md
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**(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 separated and which was found to exist as a result of a physical examination.
(D) 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 temporary grade or rank to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination, if his eligibility for promotion was required to be based on cumulative years of service or years in grade.
**(b)** For the purposes of subsection (a), a part of a year of active service that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.
**(c)**
(1) The minimum years of service of a member for purposes of subsection (a)(1) shall be as follows:
(A) Six years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense.
(B) Three years in the case of any other member.
(2) The maximum years of service of a member for purposes of subsection (a)(1) shall be 19 years.
**(d)**
(1) The amount of disability severance pay received under this section shall be deducted from any compensation for the same disability to which the former member of the armed forces or his dependents become entitled under any law administered by the Department of Veterans Affairs.
(2) No deduction may be made under paragraph (1) in the case of disability severance pay received by a member for a disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.
(3) No deduction may be made under paragraph (1) from any death compensation to which a member’s dependents become entitled after the member’s death.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
The deduction of disability severance pay from disability compensation, to the extent required by [section 1212(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212/d&num=0&edition=prelim), shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1161
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense, upon the request of the Attorney General, may provide assistance in support of Department of Justice activities relating to the enforcement of section 175, 229, or 2332a of title 18 during an emergency situation involving a weapon of mass destruction. Department of Defense resources, including personnel of the Department of Defense, may be used to provide such assistance if—
(1) the Secretary of Defense and the Attorney General jointly determine that an emergency situation exists; and
(2) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States.
**(b) Emergency Situations Covered.—** In this section, the term “emergency situation involving a weapon of mass destruction” means a circumstance involving a weapon of mass destruction—
(1) that poses a serious threat to the interests of the United States; and
(2) in which—
(A) civilian expertise and capabilities are not readily available to provide the required assistance to counter the threat immediately posed by the weapon involved;
(B) special capabilities and expertise of the Department of Defense are necessary and critical to counter the threat posed by the weapon involved; and
(C) enforcement of section 175, 229, or 2332a of title 18 would be seriously impaired if the Department of Defense assistance were not provided.
**(c) Forms of Assistance.—** The assistance referred to in subsection (a) includes the operation of equipment (including equipment made available under section 372 11 See References in Text note below. of this title) to monitor, contain, disable, or dispose of the weapon involved or elements of the weapon.
**(d) Regulations.—**
(1) The Secretary of Defen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 282
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Regular Officers.—**
(1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1).
(2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay.
(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim).
(4) Notwithstanding paragraphs (1) and (2), an officer wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible members of the armed forces who are voluntarily separated from active duty in the armed forces.
**(b) Eligible Members.—**
(1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member—
(A) has served on active duty for more than 6 years but not more than 20 years;
(B) has served at least 5 years of continuous active duty immediately preceding the date of the member’s separation from active duty;
(C) has not been approved for payment of a voluntary separation incentive under [section 1175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim);
(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to—
(i) years of service, skill, rating, military specialty, or competitive category;
(ii) grade or rank;
(iii) remaining period of obligated service; or
(iv) any combination of these factors; and
(E) requests separation from active duty.
(2) The following members are not eligible for voluntary separation pay and benefits under this section:
(A) Members discharged with disability severance pay under [section 1212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212&num=0&edition=prelim).
(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title.
(C) Members being evaluated for disability retirement under chapter 61 of this title.
(D
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1175a
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1203
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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 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 se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1206
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Incentive for Voluntary Retirement for Certain Officers.—** The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection (c) as being eligible for such a payment.
**(b) Limitations.—**
(1) Any authority provided the Secretary of a military department under this section shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.
(2) The total number of officers who may be provided a voluntary retirement incentive payment under this section may not exceed 675 officers.
**(c) Eligible Officers.—**
(1) Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer—
(A) has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement;
(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 7311, 8323, or 9311 of this title, as applicable to that officer;
(C) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title;
(D) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; and
(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 638b
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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