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

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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Source file: Laws/federal/codes/united-states-code/title-10/section-1202-regulars-and-members-on-active-duty-for-more-than-30-days-temporary-disa--6a7fffb064.md
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Source location: Title 10, Chapter 61, § 1202; 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. § 1401 — Computation of retired pay

**(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—** The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed “For sections”, retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes. Formula No.For sectionsColumn 1 TakeColumn 2 Multiply byColumn 3 Add 1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. 112011204Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 212021205Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list.Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based. 4580126312931305Retired pay base as computed under section 1406(b) or 1407.The retired pay multiplier prescribed in section 1409 for the years of service credited to him un

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1401

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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

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

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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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

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1216

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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

Page 1256 TITLE 10—ARMED FORCES § 1202 1962 ACT The changes correct typographical errors. Editorial Notes AMENDMENTS 2008—Subsec. (b)(3)(B)(i). Pub. L. 110–417 struck out ‘‘the member has six months or more of active military service and’’ before ‘‘the disability was not noted’’ and substituted ‘‘(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggra- vated by active military service)’’ for ‘‘(unless compel- ling evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)’’. Pub. L. 110–181 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘the member has at least eight years of service computed under section 1208 of this title;’’. 1996—Pub. L. 104–201 added subsecs. (a) and (c), des- ignated existing provisions as subsec. (b), and sub- stituted introductory provisions of subsec. (b) for ‘‘Upon a determination by the Secretary concerned that a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under section 10148(a) of this title) for a period of more than 30 days, is unfit to perform the duties of his office, grade, rank, or rating because of physical disability in- curred while entitled to basic pay, the Secretary may retire the member, with retired pay computed under section 1401 of this title, if the Secretary also deter- mines that—’’. 1994—Pub. L. 103–337 substituted ‘‘10148(a)’’ for ‘‘270(b)’’ in introductory provisions. 1989—Par. (3)(B). Pub. L. 101–189 substituted ‘‘Depart- ment of Veterans Affairs

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1202

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