
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 1048(c)(6)]
[Document affected by Public Law 107-107 Section 513(b)]
[CITE: 10USC1206]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1206. Members on active duty for 30 days or less or on 
        inactive-duty training: separation
        
    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 member may be separated from his 
armed force, with severance pay computed under section 1212 of this 
title, if the Secretary also determines that--
        (1) the member has less than 20 years of service computed under 
    section 1208 of this title;
        (2) the disability is a result of an injury, illness, or disease 
    incurred or aggravated in line of duty--
            (A) while--
                (i) performing active duty or inactive-duty training;
                (ii) traveling directly to or from the place at which 
            such duty is performed; or
                (iii) 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 is outside reasonable commuting 
            distance of the member's residence; or

            (B) while the member--
                (i) was serving on funeral honors duty under section 
            12503 of this title or section 115 of title 32;
                (ii) was traveling to or from the place at which the 
            member was to so serve; or
                (iii) 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;
        (4) based upon accepted medical principles, the disability is or 
    may be of a permanent nature; and
        (5) 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, in the case of a 
    disability incurred before the date of the enactment of the National 
    Defense Authorization Act for Fiscal Year 2000, was 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.

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. 94; Pub. L. 99-661, div. A, title 
VI, Sec. 604(d)(1), (3), 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. 105-85, div. A, title V, Sec. 513(c)(2), (d)(2), Nov. 18, 1997, 
111 Stat. 1731; Pub. L. 106-65, div. A, title V, Sec. 578(i)(4), title 
VI, Sec. 653(c), Oct. 5, 1999, 113 Stat. 629, 667.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1206..................................  37:272(c) (last proviso).            Oc
t. 12, 1949, ch. 681, Sec.
                                                                              4
02(c) (last proviso), 63 Stat.
                                                                              8
18.
-------------------------------------------------------------------------------
---------------------------------

    To state fully in the revised section the rule contained in 
37:272(c) (last proviso), the provisions of 37:272(c) (less clause (5), 
and less 1st proviso), and 272(f) (as applicable to 272(c)), also 
contained in section 1204 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''.
    Clause (1) is inserted for clarity, since a member who had over 20 
years of service would qualify under section 1204 or 1205 of this title.
    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.

                       References in Text

    The date of the enactment of the National Defense Authorization Act 
for Fiscal Year 2000, referred to in par. (5), is the date of enactment 
of Pub. L. 106-65, which was approved Oct. 5, 1999.


                               Amendments

    1999--Par. (2). Pub. L. 106-65, Sec. 578(i)(4), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``the 
disability is a result of an injury, illness, or disease incurred or 
aggravated in line of duty while--
        ``(A) performing active duty or inactive-duty training;
        ``(B) traveling directly to or from the place at which such duty 
    is performed; or
        ``(C) 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 is 
    outside reasonable commuting distance of the member's residence;''.
    Par. (5). Pub. L. 106-65, Sec. 653(c), inserted ``, in the case of a 
disability incurred before the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2000,'' after ``determination, 
and''.
    1997--Pub. L. 105-85, Sec. 513(d)(2), amended section catchline 
generally, inserting ``or on inactive-duty training'' after ``30 days or 
less''.
    Pars. (2) to (5). Pub. L. 105-85, Sec. 513(c)(2), added par. (2) and 
redesignated former pars. (2) to (4) as (3) to (5), respectively.
    1992--Par. (4). Pub. L. 102-484 inserted before period at end ``or 
of traveling directly to or from the place at which such duty is 
performed''.
    1989--Par. (4). 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).


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-484 effective with respect to disabilities 
incurred on or after Nov. 14, 1986, with any benefits or services 
payable by reason of applicability of that amendment during period 
beginning Nov. 14, 1986, and ending Oct. 23, 1992, subject to 
availability of appropriations, see section 516(b) of Pub. L. 102-484, 
set out as a note under section 1204 of this title.


                    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 1210, 1212 of this title.
