
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1203]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 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 described 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 subsection (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 service 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 nature; and
        (4) either--
            (A) the disability is less than 30 percent under the 
        standard schedule of rating disabilities in use by the 
        Department of Veterans Affairs at the time of the determination, 
        and the disability was (i) the proximate result of performing 
        active duty, (ii) incurred in line of duty in time of war or 
        national 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 disabilities in use by the 
        Department of Veterans Affairs at the time of the determination, 
        and the member has at least eight years of service computed 
        under section 1208 of this title, or
            (C) 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, the 
        disability was neither (i) the proximate 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 after 
        September 14, 1978, and the member has less than eight years of 
        service computed 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, 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(2), (3), Sept. 19, 
1978, 92 Stat. 719, 720; Pub. L. 96-343, Sec. 10(c)(2), (3), Sept. 8, 
1980, 94 Stat. 1129; Pub. L. 96-513, title I, Sec. 117, Dec. 12, 1980, 
94 Stat. 2878; 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(c), Sept. 23, 1996, 110 Stat. 2533.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1203..................................  37:272(a) (2d proviso).              Oc
t. 12, 1949, ch. 681, Sec.
                                        37:272(b) (2d and last provisos).     4
02(a) (2d proviso), (b) (2d and
                                                                              l
ast provisos), 63 Stat. 816, 817.
-------------------------------------------------------------------------------
---------------------------------

    To state fully in the revised section the rule contained 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 proviso) 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 substituted for 
the words ``the member concerned shall not be eligible for any 
disability retirement provided in this section, but may be separated for 
physical disability,'' in 37:272(a) (2d proviso) and 37:272(b) (2d 
proviso).
    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 clarity because of section 
1209 of this title.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1203..................................  [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 subsec. (a), 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 
member may be separated from his armed force, with severance pay 
computed under section 1212 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. (4)(A) to (C). Pub. L. 101-189 substituted ``Department 
of Veterans Affairs'' for ``Veterans' Administration'' 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 effective during such period 
and issues an Executive order to that effect''.
    Pub. L. 96-343, Sec. 10(c)(2), added cl. (iii).
    Par. (4)(C). 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'' in cl. (iii).
    Pub. L. 96-343, Sec. 10(c)(3), substituted ``(i) the proximate 
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 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'' for ``the proximate result of performing active 
duty nor incurred in line of duty in time of war or national 
emergency''.
    1978--Par. (4)(A)(iii). Pub. L. 95-377, Sec. 3(2), added cl. (iii) 
which provided additional conditions, 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.
    Par. (4)(C). Pub. L. 95-377, Sec. 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 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

    Amendment by Pub. L. 104-201 effective Sept. 23, 1996, and 
applicable with respect to physical disabilities incurred 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.


                    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.


  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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1201, 1204, 1205, 1206, 
1207a, 1210, 1212 of this title; title 42 section 213a.
