10 U.S.C. § 1206 — Members on active duty for 30 days or

Page 1260 TITLE 10—ARMED FORCES § 1205 members on active duty for 30 days or less are on the same footing as those on active duty for a longer pe- riod, with respect to the effect of misconduct or ne- glect. In clause (3), the words ‘‘and was not incurred during a period of unauthorized absence’’ are inserted to con- form to other revised sections of this chapter and be- cause of section 1207 of this title. The words ‘‘full-time training duty, other full-time duty’’ are omitted as covered by the words ‘‘active duty’’. Clause (4)(A) is substituted for 37:272(f) (as applicable to 37:272(c)). 37:272(f) (proviso) is omitted as surplusage. In clause (4)(B), the words ‘‘at the time of the deter- mination’’ are substituted for the word ‘‘current’’, in 37:272(c). Editorial Notes AMENDMENTS 2001—Par. (2)(B)(iii). Pub. L. 107–107, struck out ‘‘, if the site of the inactive-duty training is outside reason- able commuting distance of the member’s residence’’ before semicolon. 1999—Par. (2)(C). Pub. L. 106–65 added subpar. (C). 1997—Pub. L. 105–85, § 513(d)(1), amended section catchline generally, inserting ‘‘or on inactive-duty training’’ after ‘‘30 days or less’’. Par. (2). Pub. L. 105–85, § 513(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘the disability is the proximate result of, or was in- curred in line of duty after the date of the enactment of this Act as a result of— ‘‘(A) performing active duty or inactive-duty train- ing; ‘‘(B) traveling directly to or from the place at which such duty is performed; or ‘‘(C) an injury, illness, or disease incurred or aggra- vated 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 mem- ber’s residence;’’. 1996—Par. (2). Pub. L. 104–201 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘the disability is the proximate result of performing active duty or inactive-duty training or of traveling di- rectly to or from the place at which such duty is per- formed;’’. 1992—Par. (2). Pub. L. 102–484 inserted before semi- colon at end ‘‘or of traveling directly to or from the place at which such duty is performed’’. 1989—Par. (4)(B). Pub. L. 101–189 substituted ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. 1986—Pub. L. 99–661 struck out ‘‘; disability from in- jury’’ after ‘‘30 days or less’’ in section catchline and ‘‘resulting from an injury’’ after ‘‘because of physical disability’’ in provisions preceding par. (1). 1985—Par. (1). Pub. L. 99–145 inserted ‘‘and stable’’ after ‘‘permanent nature’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–484, div. A, title V, § 516(b), Oct. 23, 1992, 106 Stat. 2407, provided that: ‘‘The amendments made by subsection (a) [amending this section and section 1206 of this title] shall take effect with respect to dis- abilities incurred on or after November 14, 1986, but any benefits or services payable by reason of the applica- bility of those amendments during the period beginning on November 14, 1986, and ending on the date of the en- actment of this Act [Oct. 23, 1992] shall be subject to the availability of appropriations.’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title. § 1205. Members on active duty for 30 days or less: temporary disability retired list 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 would be qualified for retirement under section 1204 of this title but for the fact that his dis- ability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles in- dicate that the disability may be of a permanent nature, place the member’s name on the tem- porary disability retired list, with retired pay computed under section 1401 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99–145, title V, § 513(a)(1)(B), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99–661, div. A, title VI, § 604(d)(2)[(B)], Nov. 14, 1986, 100 Stat. 3876.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1205 ......... 37:272(c) (clause (5)). Oct. 12, 1949, ch. 681, § 402(c) (clause (5)), 63 Stat. 818. The first 52 words are inserted for clarity and are based on the rule stated in section 1204 of this title, which restates that part of 37:272(c) relating to retire- ment for physical disability. The revised section incor- porates by reference those provisions which are iden- tical for retirement and for placement on the tem- porary disability retired list. This is possible, since 37:272(f) applies to placement on the temporary dis- ability retired list as well as to retirement (see opinion of the Judge Advocate General of the Army (JAGA 1953/ 1900, 9 Mar. 1953)). Editorial Notes AMENDMENTS 1986—Pub. L. 99–661 struck out ‘‘; disability from in- jury’’ after ‘‘30 days or less’’ in section catchline. 1985—Pub. L. 99–145 inserted ‘‘and stable’’ after ‘‘de- termined to be of a permanent nature’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title. § 1206. Members on active duty for 30 days or less or on inactive-duty training: separation 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 member may be separated from his armed force, with severance pay computed under sec- tion 1212 of this title, if the Secretary also de- termines that— (1) the member has less than 20 years of serv- ice computed under section 1208 of this title; (2) the disability is a result of an injury, ill- ness, or disease incurred or aggravated in line of duty— Page 1261 TITLE 10—ARMED FORCES § 1206a (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 be- tween 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 or section 115 of title 32; (ii) was traveling to or from the place at which the member was to so serve; or (iii) remained overnight at or in the vi- cinity of that place immediately before so serving; (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; (4) based upon accepted medical principles, the disability is or may be of a permanent na- ture; and (5) the disability is less than 30 percent under the standard schedule of rating disabil- ities in use by the Department of Veterans Af- fairs at the time of the determination, and, in the case of a disability incurred before October 5, 1999, was the proximate result of performing active duty or inactive-duty training or of traveling directly to or from the place at which such duty is performed. However, if the member is eligible for transfer to the inactive status list under section 1209 of this title, and so elects, he shall be transferred to that list instead of being separated. (Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99–661, div. A, title VI, § 604(d)(1), (3), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 102–484, div. A, title V, § 516(a), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 105–85, div. A, title V, § 513(c)(2), (d)(2), Nov. 18, 1997, 111 Stat. 1731; Pub. L. 106–65, div. A, title V, § 578(i)(4), title VI, § 653(c), Oct. 5, 1999, 113 Stat. 629, 667; Pub. L. 107–107, div. A, title V, § 513(b), title X, § 1048(c)(6), Dec. 28, 2001, 115 Stat. 1093, 1226.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1206 ......... 37:272(c) (last proviso). Oct. 12, 1949, ch. 681, § 402(c) (last proviso), 63 Stat. 818. To state fully in the revised section the rule con- tained in 37:272(c) (last proviso), the provisions of 37:272(c) (less clause (5), and less 1st proviso), and 272(f) (as applicable to 272(c)), also contained in section 1204 of this title, are repeated. The words ‘‘the member may be separated’’ are substituted for the words ‘‘the mem- ber concerned shall not be eligible for any disability re- tirement provided in this section, but may be separated for physical disability’’. Clause (1) is inserted for clarity, since a member who had over 20 years of service would qualify under section 1204 or 1205 of this title. The last sentence of the revised section, relating to transfer to the inactive status list, is inserted for clar- ity because of section 1209 of this title. Editorial Notes AMENDMENTS 2001—Par. (2)(B)(iii). Pub. L. 107–107, § 513(b), struck out ‘‘, if the place is outside reasonable commuting dis- tance from the member’s residence’’ before semicolon at end. Par. (5). Pub. L. 107–107, § 1048(c)(6), substituted ‘‘Oc- tober 5, 1999,’’ for ‘‘the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2000,’’. 1999—Par. (2). Pub. L. 106–65, § 578(i)(4), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while— ‘‘(A) performing active duty or inactive-duty train- ing; ‘‘(B) traveling directly to or from the place at which such duty is performed; or ‘‘(C) while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight between successive peri- ods 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 mem- ber’s residence;’’. Par. (5). Pub. L. 106–65, § 653(c), inserted ‘‘, in the case of a disability incurred before the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 2000,’’ after ‘‘determination, and’’. 1997—Pub. L. 105–85, § 513(d)(2), amended section catchline generally, inserting ‘‘or on inactive-duty training’’ after ‘‘30 days or less’’. Pars. (2) to (5). Pub. L. 105–85, § 513(c)(2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), re- spectively. 1992—Par. (4). Pub. L. 102–484 inserted before period at end ‘‘or of traveling directly to or from the place at which such duty is performed’’. 1989—Par. (4). Pub. L. 101–189 substituted ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. 1986—Pub. L. 99–661 struck out ‘‘; disability from in- jury’’ after ‘‘30 days or less’’ in section catchline and ‘‘resulting from an injury’’ after ‘‘because of physical disability’’ in provisions preceding par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–484 effective with respect to disabilities incurred on or after Nov. 14, 1986, with any benefits or services payable by reason of applica- bility of that amendment during period beginning Nov. 14, 1986, and ending Oct. 23, 1992, subject to availability of appropriations, see section 516(b) of Pub. L. 102–484, set out as a note under section 1204 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title. § 1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing (a) MEMBERS RELEASED FROM ACTIVE DUTY WITHIN 30 DAYS.—A member of a reserve compo- nent who is ordered to active duty for a period of more than 30 days and is released from active duty within 30 days of commencing such period of active duty for a reason stated in subsection