10 U.S.C. § 1204 — Members on active duty for 30 days or

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, 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 in- curred or aggravated while remaining overnight, immediately before the com- mencement of inactive-duty training, or while remaining overnight between succes- sive periods of inactive-duty training, at or in the vicinity of the site of the inac- tive-duty training, if the site of the inac- tive-duty training is outside reasonable commuting distance of the member’s resi- dence; (B) is a result of an injury, illness, or dis- ease incurred or aggravated in line of duty after September 23, 1996— (i) while performing active duty or inac- tive-duty training; (ii) while traveling directly to or from the place at which such duty is performed; or (iii) while remaining overnight, imme- diately before the commencement of inac- tive-duty training, or while remaining overnight between successive periods of in- active-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 dis- ease incurred or aggravated in line of duty— (i) while the member was serving on fu- neral honors duty under section 12503 of this title or section 115 of title 32; (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 over- night 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; or (B) the disability is at least 30 percent under the standard schedule of rating dis- abilities in use by the Department of Vet- erans Affairs at the time of the determina- tion. (Aug. 10, 1956, ch. 1041, 70A Stat. 93; Pub. L. 99–145, title V, § 513(a)(1)(A), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99–661, div. A, title VI, § 604(d)(1), (2)(A), 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. 104–201, div. A, title V, § 534, Sept. 23, 1996, 110 Stat. 2521; Pub. L. 105–85, div. A, title V, § 513(c)(1), (d)(1), Nov. 18, 1997, 111 Stat. 1730, 1731; Pub. L. 106–65, div. A, title V, § 578(i)(3), Oct. 5, 1999, 113 Stat. 629; Pub. L. 107–107, div. A, title V, § 513(b), Dec. 28, 2001, 115 Stat. 1093.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1204 ......... 37:271(a). 37:272(c) (less clause (5), and less last proviso). 37:272(f) (as applicable to 37:272(c)). Oct. 12, 1949, ch. 681, §§ 401(a), 402(c) (less clause (5), and less last proviso), 402(f) (as ap- plicable to § 402(c)), 63 Stat. 816, 817, 820. 37:271(a) is omitted as surplusage. As it relates to re- tirement it is only a statement of the general coverage of the retirement sections of this chapter. As it relates to separation it is only a statement of the general cov- erage of the separation sections of this chapter. The words ‘‘a member * * * not covered by section 1201, 1202, or 1203 of this title’’ are substituted for the words ‘‘a member * * * other than those members covered in subsections (a) and (b) of this section’’. The words ‘‘if the Secretary also determines that’’ are substituted for the words ‘‘That if condition (5) above is met by a find- ing that’’, in 37:272(c). The words ‘‘of such member’’, ‘‘upon retirement’’, and ‘‘to receive’’, in 37:272(c), are omitted as surplusage. In clause (1), the words ‘‘based upon accepted medical principles’’ are inserted as a necessary implication of the rule stated in 37:272(c)(5). In clause (2), the word ‘‘disability’’ is substituted for the word ‘‘injury’’ to make clear, in view of 37:278, that 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—