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10 U.S.C. § 1209 — Transfer to inactive status list instead of separation
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_5d1e8bd100fc02a95f807a82
Source file: Laws/federal/codes/united-states-code/title-10/section-1209-transfer-to-inactive-status-list-instead-of-separation--285dab0645.md
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Passage SHA-256: 7a75ca5588a264d7675da9b357f3f2072726aaa75ce643d773744e93ba18e5e8
Source location: Title 10, Chapter 61, § 1209; chapter-061-retirement-or-separation-for-physical-disability.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following:
(1) The person’s years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Navy Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12732
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and
(2) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
**(b)** If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the person’s retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
**(c)**
(1) Except as provided in paragraph (2), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed 75 percent of the retired pay base upon which the computation is based.
(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—
(A) 75 percent of the retired pay base upon which the computation is based; and
(B) the product of—
(i) the retired pay base upon which the computation is based; and
(ii) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12739
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be transferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular component.
**(b)** While on an inactive status list under subsection (a), a member is not required to participate in any training or other program prescribed for his component.
**(c)** The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12735
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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
Page 1263
TITLE 10—ARMED FORCES
§ 1209
provisions of law’’ because of the definitions of ‘‘active
service’’ and ‘‘active duty’’ in sections 101(24) and
101(22) of this title.
In subsection (a)(2)(C), the references to 10:22–23,
24–26, and 30–36 are omitted as repealed by section 401
of the Army Organization Act of 1950, 64 Stat. 271. The
reference to 32:70 is omitted as repealed by section 16 of
the act of June 15, 1933, ch. 87, 48 Stat. 159. The ref-
erence to 10:23a is omitted as executed. The references
to 10:38 and 32:66 and 172–175 are omitted as covered by
the words ‘‘active service’’. The references to 32:144–147,
171, and 176 are omitted, since they deal with pay and
do not authorize duty or training. The reference to sec-
tion 502 of title 32, not contained in 37:282, is inserted,
since section 92 of the National Defense Act, as amend-
ed (32:62) is referred to in section 412 of the Career Com-
pensation Act of 1949 (37:282).
In subsection (b), the words ‘‘any other member’’ are
substituted for the words ‘‘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.
Editorial Notes
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘section
12733’’ for ‘‘section 1333’’.
1987—Subsec. (a). Pub. L. 100–26 substituted ‘‘para-
graph (1)’’ and ‘‘paragraph (2)’’ for ‘‘clause (1)’’ and
‘‘clause (2)’’, respectively, in introductory provisions,
and ‘‘paragraph (2)’’ for ‘‘clause 2(B) of this subsection’’
in second sentence.
1986—Subsec. (a)(2)(A). Pub. L. 99–661 struck out
‘‘after February 2, 1901’’ after ‘‘a reserve nurse’’.
1980—Subsec. (a). Pub.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1209
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.