10 U.S.C. § 1207 — Disability from intentional misconduct or

Page 1262 TITLE 10—ARMED FORCES § 1207 (b) shall be considered for all purposes under this chapter to have been serving under an order to active duty for a period of 30 days or less. (b) APPLICABLE REASONS FOR RELEASE.—Sub- section (a) applies in the case of a member re- leased from active duty because of a failure to meet— (1) physical standards for retention due to a preexisting condition not aggravated during the period of active duty; or (2) medical or dental standards for deploy- ment due to a preexisting condition not aggra- vated during the period of active duty. (c) SAVINGS PROVISION FOR MEDICAL CARE PRO- VIDED WHILE ON ACTIVE DUTY.—Notwithstanding subsection (a), any benefit under chapter 55 of this title received by a member described in sub- section (a) or a dependent of such member before or during the period of active duty shall not be subject to recoupment or otherwise affected. (Added Pub. L. 108–375, div. A, title V, § 521(a), Oct. 28, 2004, 118 Stat. 1887.) § 1207. Disability from intentional misconduct or willful neglect: separation Each member of the armed forces who incurs a physical disability that, in the determination of the Secretary concerned, makes him unfit to perform the duties of his office, grade, rank, or rating, and that resulted from his intentional misconduct or willful neglect or was incurred during a period of unauthorized absence, shall be separated from his armed force without entitle- ment to any benefits under this chapter. (Aug. 10, 1956, ch. 1041, 70A Stat. 94.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1207 ......... 37:278. Oct. 12, 1949, ch. 681, § 408, 63 Stat. 823. The words ‘‘Each member * * * who’’ are substituted for the words ‘‘When a member * * * such member’’. The words ‘‘is determined to have’’ are omitted as sur- plusage. § 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions (a) In the case of a member described in sub- section (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of ac- tive duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was in- curred in the line of duty. (b) A member described in subsection (a) is a member with at least eight years of active serv- ice. (Added Pub. L. 106–65, div. A, title VI, § 653(a)(1), Oct. 5, 1999, 113 Stat. 666.) § 1208. Computation of service (a) For the purposes of this chapter, a member of a regular component shall be credited with the service described in paragraph (1) or that de- scribed in paragraph (2), whichever is greater: (1) The service that he is considered to have for the purpose of separation, discharge, or re- tirement for length of service. (2) The sum of— (A) his active service as a member of the armed forces, a nurse, a reserve nurse, a con- tract surgeon, a contract dental surgeon, or an acting dental surgeon; (B) his active service as a member of the National Oceanic and Atmospheric Adminis- tration or the Public Health Service; and (C) his service while participating in exer- cises or performing duties under sections 502, 503, 504, and 505 of title 32. For the purpose of paragraph (2), active service as a member of the National Oceanic and At- mospheric Administration includes active serv- ice as a member of the Environmental Science Services Administration and of the Coast and Geodetic Survey. (b) A member of the armed forces who is not a member of a regular component shall be cred- ited, for the purposes of this chapter, with the number of years of service that he would count if he were computing his years of service under section 12733 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 89–718, § 8, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, §§ 501(16), 511(42), Dec. 12, 1980, 94 Stat. 2908, 2923; Pub. L. 99–661, div. A, title XIII, § 1343(a)(6), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–26, § 7(j)(3), Apr. 21, 1987, 101 Stat. 283; Pub. L. 104–106, div. A, title XV, § 1501(c)(13), Feb. 10, 1996, 110 Stat. 499.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1208(a) ..... 37:282 (less clauses (2) and (3), less applica- bility to persons re- ferred to in 37:281, and less applicability to service as a cadet be- fore August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps). Oct. 12, 1949, ch. 681, § 412 (less clause (3), less ap- plicability to persons referred to in § 411, and less applicability to service as a cadet be- fore August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps), 63 Stat. 824. 1208(b) ..... 37:282 (clause (2), less ap- plicability to persons referred to in 37:281, and less applicability to service as a cadet before August 24, 1912, as a midshipman be- fore March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps). In subsection (a), the words ‘‘shall be credited with the service described in clause (1) or that described in clause (2), whichever is greater’’ are substituted for the words ‘‘shall be interpreted to mean’’. In subsection (a)(1), the words ‘‘he is considered to have’’ are substituted for the words ‘‘such member, former member, or person has or is deemed to have pur- suant to law’’. In subsection (a)(2)(A), the words ‘‘his active service’’ are substituted for the words ‘‘while on the active list or on active duty or while participating in full-time training or other full-time duty provided for or author- ized in the National Defense Act, as amended, the Naval Reserve Act of 1938, as amended, or in—other