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10 U.S.C. § 1204 — Members on active duty for 30 days or less or on inactive-duty training: retirement
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,
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Stable record: federal_law:legal_authorities:record_usc_aadbce0f551f504a3035d815
Source file: Laws/federal/codes/united-states-code/title-10/section-1204-members-on-active-duty-for-30-days-or-less-or-on-inactive-duty-training--312479c4c6.md
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Source location: Title 10, Chapter 61, § 1204; 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 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, or disease incurred or aggravated in line of duty—
(i) while the member 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) while the member was traveling to or from the place at which the member was to so serve; or
(iii) while the member remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence;
(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; and
(4) 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.
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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
**(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
**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1207
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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) 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
**(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
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 would be qualified for retirement under [section 1204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1204&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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1205
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Federal law — U.S. Code and appendices · legal_authorities
Page 1259
TITLE 10—ARMED FORCES
§ 1204
L. 104–201, set out as a note under section 1201 of this
title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 effective Dec. 1, 1994,
except as otherwise provided, see section 1691 of Pub. L.
103–337, set out as an Effective Date note under section
10001 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–513 effective Sept. 15, 1981,
but the authority to prescribe regulations under the
amendment by Pub. L. 96–513 effective on Dec. 12, 1980,
see section 701 of Pub. L. 96–513, set out as a note under
section 101 of this title.
EFFECTIVE AND TERMINATION DATES OF 1978
AMENDMENT
Pub. L. 95–377, § 3, Sept. 19, 1978, 92 Stat. 719, provided
that the amendment made by that section is effective
only for the period beginning Sept. 15, 1978, and ending
Sept. 30, 1979.
Executive Documents
SUSPENSION OF CERTAIN PROMOTION AND DISABILITY
SEPARATION LIMITATIONS
For provisions relating to the suspension of certain
promotion and disability separation limitations, see
Ex. Ord. No. 12239, Sept. 21, 1980, 45 F.R. 62967, set out
as a note under section 1201 of this title.
§ 1204. Members on active duty for 30 days or
less or on inactive-duty training: retirement
Upon a determination by the Secretary con-
cerned 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 re-
tired pay computed under section 1401 of this
title, 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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1204
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