10 U.S.C. § 1203 — Regulars and members on active duty for

Page 1257 TITLE 10—ARMED FORCES § 1203 The first 82 words are inserted for clarity and are based on the rule stated in section 1201 of this title, which restates that part of 37:272(a), (b), and (f) relating to retirement for physical disability. The revised sec- tion incorporates by reference those provisions which are identical for retirement and for placement on the temporary 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)). 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1202 ......... [No source]. [No source]. The amendment reflects the Act of April 23, 1956, ch. 209 (70 Stat 115). (See opinion of Comp. Gen., B–130269, March 18, 1957.) 1962 ACT The changes correct typographical errors. Editorial Notes AMENDMENTS 1996—Pub. L. 104–201 substituted ‘‘a member described in section 1201(c) of this title’’ for ‘‘a member of a reg- ular 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,’’. 1994—Pub. L. 103–337 substituted ‘‘10148(a)’’ for ‘‘270(b)’’. 1985—Pub. L. 99–145 inserted ‘‘and stable’’ after ‘‘de- termined to be of a permanent nature’’. 1962—Pub. L. 87–651 substituted ‘‘training under sec- tion 270(b) of this title)’’ for ‘‘training) under section 270(b) of this title’’. 1958—Pub. L. 85–861 inserted ‘‘under section 270(b) of this title’’ after ‘‘(other than for training)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Sept. 23, 1996, and applicable with respect to physical disabilities in- curred on or after such date, see section 572(d) of Pub. 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. § 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 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 de- scribed in section 1201(c)(3) of this title, the member may be separated from the member’s armed force, with severance pay computed under section 1212 of this title, if the Secretary also makes the determinations with respect to the member and that disability specified in sub- section (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 serv- ice computed under section 1208 of this title; (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 na- ture; and (4) either— (A) the disability is less than 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, and the disability was (i) the proximate result of performing active duty, (ii) in- curred in line of duty in time of war or na- tional emergency, or (iii) incurred in line of duty after September 14, 1978; (B) the disability is less than 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, the disability was not noted at the time of the member’s entrance on active duty (unless clear and unmistakable evi- dence demonstrates that the disability ex- isted before the member’s entrance on active duty and was not aggravated by active mili- tary service), or (C) 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, the disability was neither (i) the proxi- mate result of performing active duty, (ii) incurred in line of duty in time of war or na- tional emergency, nor (iii) incurred in line of duty after September 14, 1978, and the mem- ber has less than eight years of service com- puted under section 1208 of this title on the date when he would otherwise be retired under section 1201 of this title or placed on the temporary disability retired list under section 1202 of this title. 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. 92; Pub. L. 85–861, § 1(28)(A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87–651, title I, § 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 95–377, § 3(2), (3), Sept. 19, 1978, 92 Stat. 719, 720; Pub. L. 96–343, § 10(c)(2), (3), Sept. 8, 1980, 94 Stat. 1129; Pub. L. 96–513, title I, § 117, Dec. 12, 1980, 94 Stat. 2878; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 103–337, div. A, title XVI, § 1671(c)(6), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title V, § 572(c), Sept. 23, 1996, 110 Stat. 2533; Pub. L. 110–181, div. A, title XVI, § 1641(b), Jan. 28, 2008, 122 Stat. 465; Pub. L. 110–417, [div. A], title VII, § 727(b), Oct. 14, 2008, 122 Stat. 4510; Pub. L. 111–383, div. A, title X, § 1075(b)(19), (e)(12), Jan. 7, 2011, 124 Stat. 4370, 4375.) Page 1258 TITLE 10—ARMED FORCES § 1203 HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1203 ......... 37:272(a) (2d proviso). 37:272(b) (2d and last pro- visos). Oct. 12, 1949, ch. 681, § 402(a) (2d proviso), (b) (2d and last provisos), 63 Stat. 816, 817. To state fully in the revised section the rule con- tained in 37:272(a) (2d proviso) and 272(b) (2d and last provisos), the provisions of 37:272(a) (less clause (5), and less 1st proviso), 272(b) (less clause (5), and less 1st pro- viso) and 272(f) (less applicability to 37:272(c) and (e)), also contained in section 1201 of this title, are repeated. The words ‘‘the member may be separated’’ are sub- stituted for the words ‘‘the member concerned shall not be eligible for any disability retirement provided in this section, but may be separated for physical dis- ability,’’ in 37:272(a) (2d proviso) and 37:272(b) (2d pro- viso). Clause (1) is inserted for clarity, since a member who had over 20 years of service would qualify under section 1201 or 1202 of this title. Clause (4)(A) is substituted for 37:272(a) (1st 20 words of 2d proviso). Clause (4)(B) is substituted for 37:272(b) (lst 20 words of 2d proviso). Clause (4)(C) is substituted for 37:272(b) (last proviso). 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. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1203 ......... [No source]. [No source]. The amendment reflects the Act of April 23, 1956, ch. 209 (70 Stat 115). (See opinion of Comp. Gen., B–130269, March 18, 1957.) 1962 ACT The changes correct typographical errors. Editorial Notes AMENDMENTS 2011—Subsec. (b)(4)(B). Pub. L. 111–383, § 1075(e)(12), made technical amendment to directory language of Pub. L. 110–417, § 727(b)(2). See 2008 Amendment note below. Pub. L. 111–383, § 1075(b)(19), substituted ‘‘determina- tion,’’ for ‘‘determination,,’’. 2008—Subsec. (b)(4)(B). Pub. L. 110–417, § 727(b)(2), as amended by Pub. L. 111–383, § 1075(e)(12), substituted ‘‘(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s en- trance on active duty and was not aggravated by active military service)’’ for ‘‘(unless evidence or medical judgment is such to warrant a finding that the dis- ability existed before the member’s entrance on active duty)’’. Pub. L. 110–417, § 727(b)(1), struck out ‘‘the member has six months or more of active military service, and’’ before ‘‘the disability was not noted’’. Pub. L. 110–181 substituted ‘‘, the member has six months or more of active military service, and the dis- ability was not noted at the time of the member’s en- trance on active duty (unless evidence or medical judg- ment is such to warrant a finding that the disability existed before the member’s entrance on active duty)’’ for ‘‘and the member has at least eight years of service computed under section 1208 of this title’’. 1996—Pub. L. 104–201 added subsec. (a), designated ex- isting provisions as subsec. (b), and substituted intro- ductory provisions of subsec. (b) for ‘‘Upon a deter- mination 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 en- titled to basic pay who has been called or ordered to ac- tive 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 rat- ing because of physical disability incurred while enti- tled to basic pay, the member may be separated from his armed force, with severance pay computed under section 1212 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. (4)(A) to (C). Pub. L. 101–189 substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’ wherever appearing. 1980—Par. (4)(A)(iii). Pub. L. 96–513 substituted ‘‘after September 14, 1978’’ for ‘‘during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be ef- fective during such period and issues an Executive order to that effect’’. Pub. L. 96–343, § 10(c)(2), added cl. (iii). Par. (4)(C). Pub. L. 96–513 substituted ‘‘after Sep- tember 14, 1978’’ for ‘‘during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be ef- fective during such period and issues an Executive order to that effect’’ in cl. (iii). Pub. L. 96–343, § 10(c)(3), substituted ‘‘(i) the proxi- mate result of performing active duty, (ii) incurred in line of duty in time of war or national emergency, nor (iii) incurred in line of duty during the period begin- ning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect’’ for ‘‘the proximate result of per- forming active duty nor incurred in line of duty in time of war or national emergency’’. 1978—Par. (4)(A)(iii). Pub. L. 95–377, § 3(2), added cl. (iii) which provided additional conditions, effective on Presidential determination, that the disability was in- curred in the line of duty during Sept. 15, 1978, through Sept. 30, 1979, and which terminated on Sept. 30, 1979. See Effective and Termination Dates of 1978 Amend- ment note set out under this section. Par. (4)(C). Pub. L. 95–377, § 3(3), designated existing conditions of performing active duty and incurred in line of duty in time of war or national emergency as cls. (i) and (ii) and added cl. (iii) providing additional condition, effective on Presidential determination, that the disability was incurred in line of duty during Sept. 15, 1978, through Sept. 30, 1979, and terminated on Sept. 30, 1979. See Effective and Termination Dates of 1978 Amendment note set out under this section. 1962—Pub. L. 87–651 substituted ‘‘training under sec- tion 270(b) of this title)’’ for ‘‘training) under section 270(b) of this title.’’ 1958—Pub. L. 85–861 inserted ‘‘under section 270(b) of this title’’ after ‘‘(other than for training)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title X, § 1075(e)(12), Jan. 7, 2011, 124 Stat. 4375, provided that the amendment by section 1075(e)(12) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Sept. 23, 1996, and applicable with respect to physical disabilities in- curred on or after such date, see section 572(d) of Pub. 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