
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1201]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1201. Regulars and members on active duty for more than 30 
        days: retirement
        
    (a) Retirement.--Upon a determination by the Secretary concerned 
that a member described in subsection (c) 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 
described in subsection (c)(3), the Secretary may retire the member, 
with retired pay computed under section 1401 of this title, if the 
Secretary also makes the determinations with respect to the member and 
that disability specified in subsection (b).
    (b) Required Determinations of Disability.--Determinations referred 
to in subsection (a) are determinations by the Secretary that--
        (1) based upon accepted medical principles, the disability is of 
    a permanent nature and stable;
        (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; and
        (3) 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 disabilities in use by the Department of 
        Veterans Affairs at the time of the determination; and either--
                (i) the member has at least eight years of service 
            computed under section 1208 of this title;
                (ii) the disability is the proximate result of 
            performing active duty;
                (iii) the disability was incurred in line of duty in 
            time of war or national emergency; or
                (iv) the disability was incurred in line of duty after 
            September 14, 1978.

    (c) Eligible Members.--This section and sections 1202 and 1203 of 
this title apply to the following members:
        (1) A member of a regular component of the armed forces entitled 
    to basic pay.
        (2) 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.
        (3) Any other member of the armed forces who is on active duty 
    but is not entitled to basic pay by reason of section 502(b) of 
    title 37 due to authorized absence (A) to participate in an 
    educational program, or (B) for an emergency purpose, as determined 
    by the Secretary concerned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 91; Pub. L. 85-861, Sec. 1(28)(A), 
Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87-651, title I, Sec. 107(a), 
Sept. 7, 1962, 76 Stat. 508; Pub. L. 95-377, Sec. 3(1), Sept. 19, 1978, 
92 Stat. 719; Pub. L. 96-343, Sec. 10(c)(1), Sept. 8, 1980, 94 Stat. 
1129; Pub. L. 96-513, title I, Sec. 117, Dec. 12, 1980, 94 Stat. 2878; 
Pub. L. 99-145, title V, Sec. 513(a)(1)(A), Nov. 8, 1985, 99 Stat. 627; 
Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 
Stat. 1602; Pub. L. 103-337, div. A, title XVI, Sec. 1671(c)(6), Oct. 5, 
1994, 108 Stat. 3014; Pub. L. 104-201, div. A, title V, Sec. 572(a), 
Sept. 23, 1996, 110 Stat. 2533.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1201..................................  37:272(a) (less clause (5), and      Oc
t. 12, 1949, ch. 681, Sec.
                                         less 2d proviso).                    4
02(a) (less clause (5), and less
                                        37:272(b) (less clause (5), and       2
d proviso), (b) (less clause (5),
                                         less 2d and last provisos).          a
nd less 2d and last provisos),
                                        37:272(f) (less applicability to      (
f) (less applicability to Sec.
                                         37:272(c) and (e)).                  4
02(c) and (e)), 63 Stat. 816,
                                                                              8
17, 820.
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---------------------------------

    The words ``any other member'' are substituted for the words ``a 
member of a Reserve component'', in 37:272(a) and (b), since the words 
``Reserve component'' are defined by section 102(k) of the Career 
Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)), to include 
members appointed, enlisted, or inducted without component. The words 
``active duty (other than for training)'' are substituted for the words 
``extended active duty'' for clarity and to reflect the opinion of the 
Comptroller General in 31 Comp. Gen. 95, 99. The words ``if the 
Secretary also determines that'' are substituted for the words ``That if 
condition (5) above is met by a finding that'', in 37:272(a) and (b). 
The words ``of such member'', ``upon retirement'', and ``to receive'', 
in 37:272(a), 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(a)(5) and (b)(5).
    Clause (3)(A) is substituted for 37:272(f) (less applicability to 
37:272(c) and (e)). 37:272(f) is omitted as surplusage.
    In clause (3)(B), the words ``at the time of the determination'' are 
substituted for the word ``current'', in 37:272(a) and (b).
    Clause (3)(B)(iii) is substituted for 37:272(a) (last proviso).

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1201..................................  [No source].                         [N
o 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.


                               Amendments

    1996--Pub. L. 104-201 added subsecs. (a) and (c), designated 
existing provisions as subsec. (b), and substituted introductory 
provisions of subsec. (b) for ``Upon a determination 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 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, is unfit to perform the duties of his office, grade, rank, 
or rating because of physical disability incurred while entitled to 
basic pay, the Secretary may retire the member, with retired pay 
computed under section 1401 of this title, if the Secretary also 
determines that--''.
    1994--Pub. L. 103-337 substituted ``10148(a)'' for ``270(b)'' in 
introductory provisions.
    1989--Par. (3)(B). Pub. L. 101-189 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1985--Par. (1). Pub. L. 99-145 inserted ``and stable'' after 
``permanent nature''.
    1980--Par. (3)(B)(iv). 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 effective during such period 
and issues an Executive order to that effect''.
    Pub. L. 96-343 added cl. (iv).
    1978--Par. (3)(B)(iv). Pub. L. 95-377 added cl. (iv) which provided 
additional condition, effective on Presidential determination, that the 
disability was incurred 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 Amendment note set out under 
this section.
    1962--Pub. L. 87-651 substituted ``training under section 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)''.


                    Effective Date of 1996 Amendment

    Section 572(d) of Pub. L. 104-201 provided that: ``The amendments 
made by this section [amending this section and sections 1202 and 1203 
of this title] shall take effect on the date of the enactment of this 
Act [Sept. 23, 1996] and shall apply with respect to physical 
disabilities incurred on or after such date.''


                    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

    Section 3 of Pub. L. 95-377 provided that the amendment made by that 
section is effective only for the period beginning Sept. 15, 1978, and 
ending Sept. 30, 1979.


                          Public Health Service

    Authority vested by this chapter in ``military departments'', ``the 
Secretary concerned'', or ``the Secretary of Defense'' to be exercised, 
with respect to commissioned officers of Public Health Service, by 
Secretary of Health and Human Services or his designee, see section 
213a(b) of Title 42, The Public Health and Welfare.


             National Oceanic and Atmospheric Administration

    Authority vested by this chapter in ``military departments'', ``the 
Secretary concerned'', or ``the Secretary of Defense'' to be exercised, 
with respect to commissioned officer corps of National Oceanic and 
Atmospheric Administration, by Secretary of Commerce or his designee, 
see section 857a of Title 33, Navigation and Navigable Waters.

                        Executive Order No. 12239

    Ex. Ord. No. 12239, Sept. 21, 1980, 45 F.R. 62967, which related to 
suspension of certain promotion and disability separation limitations, 
was revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897, set out 
as a note under section 301 of Title 3, The President.

                  Section Referred to in Other Sections

    This section is referred to in sections 1202, 1203, 1204, 1205, 
1206, 1207a, 1210, 1372, 1401, 1402, 1402a, 1406, 1407 of this title; 
title 42 section 213a.
