10 U.S.C. § 12731b — Special rule for members with physical

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—Subsec. (a)(1)(B), (b). Pub. L. 105–261 substituted ‘‘October 1, 2001’’ for ‘‘October 1, 1999’’. 1996—Subsec. (c)(3). Pub. L. 104–106 inserted comma after ‘‘Defense Conversion’’. 1994—Pub. L. 103–337, § 1662(j)(1), renumbered section 1331a of this title as this section and amended text gen- erally, changing references to other sections. Subsec. (c)(3). Pub. L. 103–337, § 517, added par. (3) which read as follows: ‘‘Notwithstanding the provisions of section 4415(2) of the Defense Conversion Reinvest- ment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Secretary con- cerned may, consistent with the other provisions of this section, provide the notification required by sec- tion 1331(d) of this title to a member who no longer meets the qualifications for membership in the Se- lected Reserve solely because the member is unfit be- cause of physical disability. Such notification may not be made if the disability is the result of the member’s intentional misconduct, willful neglect, or willful fail- ure to comply with standards and qualifications for re- tention established by the Secretary concerned or was incurred during a period of unauthorized absence.’’ 1993—Subsec. (a). Pub. L. 103–160, § 564(c)(1), sub- stituted ‘‘Secretary concerned’’ for ‘‘Secretary of a military department’’ in introductory provisions. Subsec. (a)(1)(B). Pub. L. 103–160, § 561(f)(4)(A), sub- stituted ‘‘October 1, 1999’’ for ‘‘October 1, 1995’’. Subsec. (a)(2). Pub. L. 103–160, § 561(f)(4)(B), struck out ‘‘within one year after the date of the notification re- ferred to in paragraph (1)’’ after ‘‘to the Secretary’’. Subsec. (b). Pub. L. 103–160, § 561(f)(4)(C), substituted ‘‘October 1, 1999’’ for ‘‘October 1, 1995’’. Pub. L. 103–35 substituted ‘‘October 23, 1992,’’ for ‘‘the date of the enactment of the National Defense Author- ization Act for Fiscal Year 1993’’. Subsec. (c)(1). Pub. L. 103–160, § 564(c)(2), struck out ‘‘of the military department’’ after ‘‘The Secretary’’. Subsec. (e). Pub. L. 103–160, § 564(c)(3), inserted before period at end ‘‘and by the Secretary of Transportation with respect to the Coast Guard’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1662(j)(1) of Pub. L. 103–337 ef- fective 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. § 12731b. Special rule for members with physical disabilities not incurred in line of duty (a) In the case of a member of the Selected Re- serve 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 Sec- retary concerned may, for purposes of section 12731 of this title, determine to treat the mem- ber as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by sub- section (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. (b) Notification under subsection (a) may not be made if— (1) the disability was the result of the mem- ber’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 pe- riod of unauthorized absence. (Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), Oct. 5, 1999, 113 Stat. 666.) § 12732. Entitlement to retired pay: computation of years of service (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, 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