
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 513(b)]
[CITE: 10USC1204]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1204. Members on active duty for 30 days or less or on 
        inactive-duty training: retirement
        
    Upon a determination by the Secretary concerned that a member of the 
armed forces not covered by section 1201, 1202, or 1203 of this title is 
unfit to perform the duties of his office, grade, rank, or rating 
because of physical disability, the Secretary may retire the member with 
retired pay computed under section 1401 of this title, if the Secretary 
also determines that--
        (1) based upon accepted medical principles, the disability is of 
    a permanent nature and stable;
        (2) the disability--
            (A) was incurred before September 24, 1996, as the proximate 
        result of--
                (i) performing active duty or inactive-duty training;
                (ii) traveling directly to or from the place at which 
            such duty is performed; or
                (iii) an injury, illness, or disease incurred or 
            aggravated while remaining overnight, immediately before the 
            commencement of inactive-duty training, or while remaining 
            overnight between successive periods of inactive-duty 
            training, at or in the vicinity of the site of the inactive-
            duty training, if the site of the inactive-duty training is 
            outside reasonable commuting distance of the member's 
            residence;

            (B) is a result of an injury, illness, or disease incurred 
        or aggravated in line of duty after September 23, 1996--
                (i) while performing active duty or inactive-duty 
            training;
                (ii) while traveling directly to or from the place at 
            which such duty is performed; or
                (iii) while remaining overnight, immediately before the 
            commencement of inactive-duty training, or while remaining 
            overnight between successive periods of inactive-duty 
            training, at or in the vicinity of the site of the inactive-
            duty training, if the site of the inactive-duty training is 
            outside reasonable commuting distance of the member's 
            residence; or

            (C) is a result of an injury, illness, or disease incurred 
        or aggravated in line of duty--
                (i) while the member was serving on funeral honors duty 
            under section 12503 of this title or section 115 of title 
            32;
                (ii) while the member was traveling to or from the place 
            at which the member was to so serve; or
                (iii) while the member remained overnight at or in the 
            vicinity of that place immediately before so serving, if the 
            place is outside reasonable commuting distance from the 
            member's residence;

        (3) 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
        (4) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 93; Pub. L. 99-145, title V, 
Sec. 513(a)(1)(A), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99-661, div. A, 
title VI, Sec. 604(d)(1), (2)(A), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 
101-189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 
1602; Pub. L. 102-484, div. A, title V, Sec. 516(a), Oct. 23, 1992, 106 
Stat. 2407; Pub. L. 104-201, div. A, title V, Sec. 534, Sept. 23, 1996, 
110 Stat. 2521; Pub. L. 105-85, div. A, title V, Sec. 513(c)(1), (d)(1), 
Nov. 18, 1997, 111 Stat. 1730, 1731; Pub. L. 106-65, div. A, title V, 
Sec. 578(i)(3), Oct. 5, 1999, 113 Stat. 629.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1204..................................  37:271(a).                           Oc
t. 12, 1949, ch. 681, Secs.
                                        37:272(c) (less clause (5), and       4
01(a), 402(c) (less clause (5),
                                         less last proviso).                  a
nd less last proviso), 402(f) (as
                                        37:272(f) (as applicable to           a
pplicable to Sec.  402(c)), 63
                                         37:272(c)).                          S
tat. 816, 817, 820.
-------------------------------------------------------------------------------
---------------------------------

    37:271(a) is omitted as surplusage. As it relates to retirement it 
is only a statement of the general coverage of the retirement sections 
of this chapter. As it relates to separation it is only a statement of 
the general coverage of the separation sections of this chapter. The 
words ``a member * * * not covered by section 1201, 1202, or 1203 of 
this title'' are substituted for the words ``a member * * * other than 
those members covered in subsections (a) and (b) of this section''. 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(c). The words ``of such member'', ``upon retirement'', and ``to 
receive'', in 37:272(c), 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(c)(5).
    In clause (2), the word ``disability'' is substituted for the word 
``injury'' to make clear, in view of 37:278, that members on active duty 
for 30 days or less are on the same footing as those on active duty for 
a longer period, with respect to the effect of misconduct or neglect.
    In clause (3), the words ``and was not incurred during a period of 
unauthorized absence'' are inserted to conform to other revised sections 
of this chapter and because of section 1207 of this title. The words 
``full-time training duty, other full-time duty'' are omitted as covered 
by the words ``active duty''.
    Clause (4)(A) is substituted for 37:272(f) (as applicable to 
37:272(c)). 37:272(f) (proviso) is omitted as surplusage.
    In clause (4)(B), the words ``at the time of the determination'' are 
substituted for the word ``current'', in 37:272(c).


                               Amendments

    1999--Par. (2)(C). Pub. L. 106-65 added subpar. (C).
    1997--Pub. L. 105-85, Sec. 513(d)(1), amended section catchline 
generally, inserting ``or on inactive-duty training'' after ``30 days or 
less''.
    Par. (2). Pub. L. 105-85, Sec. 513(c)(1), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``the 
disability is the proximate result of, or was incurred in line of duty 
after the date of the enactment of this Act as a result of--
        ``(A) performing active duty or inactive-duty training;
        ``(B) traveling directly to or from the place at which such duty 
    is performed; or
        ``(C) an injury, illness, or disease incurred or aggravated 
    while remaining overnight, between successive periods of inactive-
    duty training, at or in the vicinity of the site of the inactive 
    duty training, if the site is outside reasonable commuting distance 
    of the member's residence;''.
    1996--Par. (2). Pub. L. 104-201 amended par. (2) generally. Prior to 
amendment, par. (2) read as follows: ``the disability is the proximate 
result of performing active duty or inactive-duty training or of 
traveling directly to or from the place at which such duty is 
performed;''.
    1992--Par. (2). Pub. L. 102-484 inserted before semicolon at end 
``or of traveling directly to or from the place at which such duty is 
performed''.
    1989--Par. (4)(B). Pub. L. 101-189 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1986--Pub. L. 99-661 struck out ``; disability from injury'' after 
``30 days or less'' in section catchline and ``resulting from an 
injury'' after ``because of physical disability'' in provisions 
preceding par. (1).
    1985--Par. (1). Pub. L. 99-145 inserted ``and stable'' after 
``permanent nature''.


                    Effective Date of 1992 Amendment

    Section 516(b) of Pub. L. 102-484 provided that: ``The amendments 
made by subsection (a) [amending this section and section 1206 of this 
title] shall take effect with respect to disabilities incurred on or 
after November 14, 1986, but any benefits or services payable by reason 
of the applicability of those amendments during the period beginning on 
November 14, 1986, and ending on the date of the enactment of this Act 
[Oct. 23, 1992] shall be subject to the availability of 
appropriations.''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-661 applicable with respect to persons who, 
after Nov. 14, 1986, incur or aggravate an injury, illness, or disease 
or die, see section 604(g) of Pub. L. 99-661, set out as a note under 
section 1074a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1205, 1210, 1372, 1401, 
1402, 1402a, 1406, 1407 of this title.
