
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: 10USC1205]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1205. Members on active duty for 30 days or less: temporary 
        disability retired list
        
    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 
would be qualified for retirement under section 1204 of this title but 
for the fact that his disability is not determined to be of a permanent 
nature and stable, the Secretary shall, if he also determines that 
accepted medical principles indicate that the disability may be of a 
permanent nature, place the member's name on the temporary disability 
retired list, with retired pay computed under section 1401 of this 
title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99-145, title V, 
Sec. 513(a)(1)(B), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99-661, div. A, 
title VI, Sec. 604(d)(2)[(B)], Nov. 14, 1986, 100 Stat. 3876.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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1205..................................  37:272(c) (clause (5)).              Oc
t. 12, 1949, ch. 681, Sec.
                                                                              4
02(c) (clause (5)), 63 Stat. 818.
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---------------------------------

    The first 52 words are inserted for clarity and are based on the 
rule stated in section 1204 of this title, which restates that part of 
37:272(c) relating to retirement for physical disability. The revised 
section incorporates by reference those provisions which are identical 
for retirement and for placement on the temporary disability retired 
list. This is possible, since 37:272(f) applies to placement on the 
temporary disability retired list as well as to retirement (see opinion 
of the Judge Advocate General of the Army (JAGA 1953/1900, 9 Mar. 
1953)).


                               Amendments

    1986--Pub. L. 99-661 struck out ``; disability from injury'' after 
``30 days or less'' in section catchline.
    1985--Pub. L. 99-145 inserted ``and stable'' after ``determined to 
be of a permanent nature''.


                    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 1372, 1376, 1401, 1402, 
1402a, 1406, 1407 of this title.
