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10 U.S.C. § 12731b — Special rule for members with physical disabilities not incurred in line of duty
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 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).
**(b)** Notification under subsection (a) may not be made if—
(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
(2) the disability was incurred during a period of unauthorized absence.
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Stable record: federal_law:legal_authorities:record_usc_ec6dcdd0bb561c6590ebad5a
Source file: Laws/federal/codes/united-states-code/title-10/section-12731b-special-rule-for-members-with-physical-disabilities-not-incurred-in-line--0918c65ca8.md
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Source location: Title 10, Chapter 1223, § 12731b; chapter-1223-retired-pay-for-non-regular-service.md
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**(a)** In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 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).
**(b)** Notification under subsection (a) may not be made if—
(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
(2) the disability was incurred during a period of unauthorized absence.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim), if the person—
(1) has attained the eligibility age applicable under subsection (f) to that person;
(2) has performed 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);
(3) in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim), but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements of paragraph (2) before October 5, 1994, the number of years of such qualifying service under this paragraph shall be eight; and
(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.
**(b)** Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Homeland Security, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served.
**(c)**
(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12731
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
**(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
**(c) Service-in-grade Requirement for Offices in Grades Above O–4.—**
(1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
(2) **Satisfaction of requirement by certain officers not completing three years.—** —
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b).
**(b) Amount.—**
(1) **Determination of monthly amount.—** — Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.
(2) **Maximum amount.—** — The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38.
(3) **Special rules for chapter 61 disability retirees.—**
(A) *General rule.—* — In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
(B) *Special rule for retirees with fewer than 20 years of service.—* — In the case of an eligible combat-related disabled unifor
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1413a
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Federal law — U.S. Code and appendices · legal_authorities
Page 3705
TITLE 10—ARMED FORCES
§ 12732
(e) REGULATIONS.—The authority provided in
this section shall be subject to regulations pre-
scribed by the Secretary of Defense and by the
Secretary of Homeland Security with respect to
the Coast Guard.
(Added Pub. L. 102–484, div. D, title XLIV,
§ 4417(a), Oct. 23, 1992, 106 Stat. 2716, § 1331a;
amended Pub. L. 103–35, title II, § 201(f)(2), May
31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title
V, §§ 561(f)(4), 564(c), Nov. 30, 1993, 107 Stat. 1668,
1670; renumbered § 12731a and amended Pub. L.
103–337, div. A, title V, § 517, title XVI, § 1662(j)(1),
Oct. 5, 1994, 108 Stat. 2754, 2998, 3000; Pub. L.
104–106, div. A, title XV, § 1501(b)(21), Feb. 10,
1996, 110 Stat. 497; Pub. L. 105–261, div. A, title V,
§ 561(n)(2), Oct. 17, 1998, 112 Stat. 2026; Pub. L.
106–398, § 1 [[div. A], title V, § 571(n)(2)], Oct. 30,
2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296,
title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat.
2314.)
Editorial Notes
REFERENCES IN TEXT
Section 4414(a) of the National Defense Authorization
Act for Fiscal Year 1993 and section 4415(2) of the De-
fense Conversion, Reinvestment, and Transition Assist-
ance Act of 1992, referred to in subsec. (c)(2), (3), are
sections 4414(a) and 4415(2) of Pub. L. 102–484, which are
set out in a note under section 12681 of this title.
AMENDMENTS
2002—Subsec. (e). Pub. L. 107–296 substituted ‘‘of
Homeland Security’’ for ‘‘of Transportation’’.
2000—Subsec. (a)(1)(B). Pub. L. 106–398, § 1 [[div. A],
title V, § 571(n)(2)(A)], substituted ‘‘the end of the pe-
riod described in subsection (b)’’ for ‘‘October 1, 2001’’.
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V,
§ 571(n)(2)(B)], substituted ‘‘December 31, 2001’’ for ‘‘Oc-
tober 1, 2001’’.
1998—S
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12731b
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