10 U.S.C. § 1221 — Effective date of retirement or placement

Page 1274 TITLE 10—ARMED FORCES § 1218a HISTORICAL AND REVISION NOTES 1962 ACT Sections 1218 and 1219 are restated, without sub- stantive change, to conform to the style adopted for title 10. Editorial Notes AMENDMENTS 2016—Subsec. (d)(1). Pub. L. 114–328 inserted ‘‘or 351’’ after ‘‘section 310’’ in introductory provisions. 2014—Subsec. (d)(3). Pub. L. 113–291 substituted ‘‘on October 28, 2014’’ for ‘‘on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010’’. 2009—Subsec. (d). Pub. L. 111–84 added subsec. (d). 1989—Subsec. (a)(1). Pub. L. 101–189, § 1621(a)(1), sub- stituted ‘‘Department of Veterans Affairs’’ for ‘‘Vet- erans’ Administration’’. Subsec. (c). Pub. L. 101–189, § 1621(a)(4), substituted ‘‘facility of the Department of Veterans Affairs’’ for ‘‘Veterans’ Administration facility’’. 1962—Pub. L. 87–651 amended section generally, and among other changes, substituted ‘‘Discharge or re- lease from active duty: claims for compensation, pen- sion, or hospitalization’’ for ‘‘Explanation of rights be- fore discharge’’ in section catchline, and struck out provisions which prohibited a person from being dis- charged or released from active duty until his certifi- cate of discharge or release from active duty and his final pay (or a substantial portion of his final pay) are ready for delivery to him or to his next of kin or legal representative. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56, 71 Stat. 172. § 1218a. Discharge or release from active duty: transition assistance for reserve component members injured while on active duty (a) PROVISION OF CERTAIN INFORMATION.—Be- fore a member of a reserve component described in subsection (b) is demobilized or separated from the armed forces, the Secretary of the military department concerned shall provide to the member the following information: (1) Information on the availability of care and administrative processing through com- munity based warrior transition units. (2) Information on the location of the com- munity based warrior transition unit located nearest to the permanent place of residence of the member. (b) COVERED MEMBERS.—Subsection (a) applies to members of a reserve component who are in- jured while on active duty in the armed forces. (Added Pub. L. 111–84, div. A, title VI, § 641(a), Oct. 28, 2009, 123 Stat. 2364.) § 1219. Statement of origin of disease or injury: limitations A member of an armed force may not be re- quired to sign a statement relating to the ori- gin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid. (Added Pub. L. 85–56, title XXII, § 2201(31)(A), June 17, 1957, 71 Stat. 160; amended Pub. L. 87–651, title I, § 107(c), Sept. 7, 1962, 76 Stat. 509.) HISTORICAL AND REVISION NOTES 1962 ACT Sections 1218 and 1219 are restated, without sub- stantive change, to conform to the style adopted for title 10. Editorial Notes AMENDMENTS 1962—Pub. L. 87–651 substituted ‘‘Statement of origin of disease or injury: limitation’’ for ‘‘Statement against interest void’’ in section catchline, and ‘‘A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or ag- gravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid’’ for ‘‘No person in the Armed Forces may be re- quired to sign a statement of any nature relating to the origin, incurrence, or aggravation of any disease or in- jury he may have. Any such statement against his own interest, whenever signed, is of no force and effect.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56, 71 Stat. 172. [§ 1220. Repealed. Pub. L. 87–651, title I, § 107(d), Sept. 7, 1962, 76 Stat. 509] Section, added Pub. L. 85–56, title XXII, § 2201(31)(A), June 17, 1957, 71 Stat. 161, related to location of accred- ited representatives at military installations. § 1221. Effective date of retirement or placement of name on temporary disability retired list Notwithstanding section 8301 of title 5, the Secretary concerned may specify an effective date for the retirement of any member of the armed forces under this chapter, or for the placement of his name on the temporary dis- ability retired list, that is earlier than the date provided for in that section. (Added Pub. L. 85–861, § 1(28)(B), Sept. 2, 1958, 72 Stat. 1451; amended Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1221 ......... 5:47a(b). Aug. 2, 1956, ch. 876, 70 Stat. 933. Clause (2)(A) is omitted as unnecessary since the re- vised section applies to the armed forces, and the re- vised section is made applicable to the other uniformed services by sections 3 and 4 of the act enacting this re- vised section. Clause (2)(B) is omitted as covered by section 101(8) of this title and sections 3 and 4 of the act enacting this revised section. Editorial Notes AMENDMENTS 1966—Pub. L. 89–718 substituted ‘‘8301’’ for ‘‘47a’’. § 1222. Physical evaluation boards (a) RESPONSE TO APPLICATIONS AND APPEALS.— The Secretary of each military department shall ensure, in the case of any member of the armed forces appearing before a physical evaluation board under that Secretary’s supervision, that