
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 505(c)(4)]
[CITE: 10USC1211]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1211. Members on temporary disability retired list: return 
        to active duty; promotion
        
    (a) With his consent, any member of the Army or the Air Force whose 
name is on the temporary disability retired list, and who is found to be 
physically fit to perform the duties of his office, grade, or rank under 
section 1210(f) of this title, shall--
        (1) if a commissioned officer of a regular component, be 
    recalled to active duty and, as soon as practicable, may be 
    reappointed by the President, by and with the advice and consent of 
    the Senate, to the active-duty list in the regular grade held by him 
    when his name was placed on the temporary disability retired list, 
    or in the next higher regular grade;
        (2) if a warrant officer of a regular component, be recalled to 
    active duty and, as soon as practicable, be reappointed by the 
    Secretary concerned in the regular grade held by him when his name 
    was placed on the temporary disability retired list, or in the next 
    higher regular warrant grade;
        (3) if an enlisted member of a regular component, be reenlisted 
    in the regular grade held by him when his name was placed on the 
    temporary disability retired list or in the next higher regular 
    enlisted grade;
        (4) if a commissioned, warrant, or enlisted Reserve, be 
    reappointed or reenlisted as a Reserve for service in his reserve 
    component in the reserve grade held by him when his name was placed 
    on the temporary disability retired list, or appointed or enlisted 
    in the next higher reserve commissioned, warrant, or enlisted grade, 
    as the case may be;
        (5) if a commissioned, warrant, or enlisted member of the Army 
    National Guard of the United States or the Air National Guard of the 
    United States when the disability was incurred, and if he cannot be 
    reappointed or reenlisted as a Reserve for service therein, be 
    appointed or enlisted as a Reserve for service in the Army Reserve 
    or the Air Force Reserve, as the case may be, in a grade 
    corresponding to the reserve grade held by him when his name was 
    placed on the temporary disability retired list, or in the next 
    higher reserve commissioned, warrant, or enlisted grade, as the case 
    may be; and
        (6) if a member of the Army, or the Air Force, who has no 
    regular or reserve grade, be reappointed or reenlisted in the Army, 
    or the Air Force, as the case may be, in the temporary grade held by 
    him when his name was placed on the temporary disability retired 
    list, or appointed or enlisted in the next higher temporary grade.

    (b) With his consent, any member of the naval service or of the 
Coast Guard whose name is on the temporary disability retired list, and 
who is found to be physically fit to perform the duties of his office, 
grade, rank, or rating under section 1210(f) of this title, shall--
        (1) if he held an appointment in a commissioned grade in a 
    regular component when his name was placed on the temporary 
    disability retired list, be recalled to active duty and, as soon as 
    practicable, may be reappointed by the President, by and with the 
    advice and consent of the Senate, to his regular component in the 
    grade permanently held by him when his name was placed on the 
    temporary disability retired list, or in the next higher grade;
        (2) if he held an appointment in the grade of warrant officer, 
    W-1, in a regular component when his name was placed on the 
    temporary disability retired list, be recalled to active duty and, 
    as soon as practicable, be reappointed by the Secretary concerned in 
    his regular component in the grade permanently held by him when his 
    name was placed on the temporary disability retired list, or may be 
    appointed by the President, by and with the advice and consent of 
    the Senate, to the grade of chief warrant officer, W-2;
        (3) if he held a permanent enlisted grade in a regular component 
    when his name was placed on the temporary disability retired list, 
    be reenlisted in his regular component in the grade permanently held 
    by him when his name was placed on the temporary disability retired 
    list, or in the next higher enlisted grade;
        (4) if he was a member of the Fleet Reserve or the Fleet Marine 
    Corps Reserve when his name was placed on the temporary disability 
    retired list, resume his status in the Fleet Reserve or the Fleet 
    Marine Corps Reserve in the grade held by him when his name was 
    placed on the temporary disability retired list, or in the next 
    higher enlisted grade; and
        (5) if a member of a reserve component be reappointed or 
    reenlisted in his reserve component in the grade permanently held by 
    him when his name was placed on the temporary disability retired 
    list or, if that permanent grade is not chief petty officer or 
    master sergeant, in the next higher grade in that reserve component.

    (c) If a member is appointed, reappointed, enlisted, or reenlisted, 
or resumes his status in the Fleet Reserve or the Fleet Marine Corps 
Reserve, under subsection (a) or (b), his status on the temporary 
disability retired list terminates on the date of his appointment, 
reappointment, enlistment, reenlistment, or resumption, as the case may 
be. However, if such a member does not consent to the action proposed 
under subsection (a) or (b), and if the member is not discharged, 
retired, or transferred to the Fleet Reserve or Fleet Marine Corps 
Reserve or inactive Reserve under section 1210 of this title, his status 
on the temporary disability retired list and his disability retired pay 
shall be terminated as soon as practicable and the member shall be 
discharged.
    (d) Disability retired pay of a member covered by this section 
terminates--
        (1) on the date when he is recalled to active duty under 
    subsection (a)(1) or (2) or subsection (b)(1) or (2), for an officer 
    of a regular component;
        (2) on the date when he resumes his status in the Fleet Reserve 
    or the Fleet Marine Corps Reserve under subsection (b)(4), for a 
    member of the Fleet Reserve or the Fleet Marine Corps Reserve; and
        (3) on the date when he is appointed, reappointed, enlisted, or 
    reenlisted, for any other member of the armed forces.

    (e) Whenever seniority in grade or years of service is a factor in 
determining the qualifications of a member of the armed forces for 
promotion, each member who has been appointed, reappointed, enlisted, or 
reenlisted, under subsection (a) or (b), shall, when his name is placed 
on a lineal list, a promotion list, or any similar list, have the 
seniority in grade and be credited with the years of service authorized 
by the Secretary concerned. The authorized strength in any regular grade 
is automatically increased to the minimum extent necessary to give 
effect to each appointment made in that grade under this section. An 
authorized strength so increased is increased for no other purpose, and 
while he holds that grade the officer whose appointment caused the 
increase is counted for the purpose of determining when other 
appointments, not under this section, may be made in that grade.
    (f) Action under this section shall be taken on a fair and equitable 
basis, with regard being given to the probable opportunities for 
advancement and promotion that the member might reasonably have had if 
his name had not been placed on the temporary disability retired list.

(Aug. 10, 1956, ch. 1041, 70A Stat. 96; Pub. L. 87-651, title I, 
Sec. 107(b), Sept. 7, 1962, 76 Stat. 508; Pub. L. 96-513, title V, 
Sec. 501(17), Dec. 12, 1980, 94 Stat. 2908; Pub. L. 99-145, title V, 
Sec. 513(a)(3), Nov. 8, 1985, 99 Stat. 627.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1211(a)...............................  37:275(a).                           Oc
t. 12, 1949, ch. 681, Secs.  405,
                                        37:275(b).                            4
06, 407, 63 Stat. 821.
                                        37:275(c) (1st sentence).
                                        37:276(a) (less clauses (1)-(3)).
                                        37:276(a)(1) (1st 7 words).
                                        37:276(a)(2) (1st 10 words).
                                        37:276(a)(3) (1st 8 words).
                                        37:277(a).
1211(b)...............................  37:275(a).
                                        37:275(b).
                                        37:275(c) (1st sentence).
                                        37:276(a) (less clauses (1)-(3)).
                                        37:276(a)(1) (1st 7 words).
                                        37:276(a)(2) (1st 10 words).
                                        37:276(a)(3) (1st 8 words).
                                        37:277(a).
1211(c)...............................  37:276(a)(1) (less 1st 22 words).
                                        37:276(a)(2) (11th through 18th
                                         words).
                                        37:276(a)(3) (9th and 10th words).
                                        37:276(b).
1211(d)...............................  37:276(a)(1) (8th through 22d
                                         words).
                                        37:276(a)(2) (less 1st 18 words).
                                        37:276(a)(3) (less 1st 10 words).
1211(e)...............................  37:275(c) (2d sentence).
                                        37:277 (less (a)).
1211(f)...............................  37:275(c) (last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b), the words ``under section 1210(f) of 
this title'' are substituted for the words ``If, as a result of a 
periodic physical examination'', in 37:275(a) and (b), and 276(a), and 
the words ``and who are subsequently found to be physically fit'', in 
37:277(a). The words ``subject to the provisions of section 277 of this 
title'', in 37:275(a), are omitted as surplusage.
    In subsections (a)(2)-(6) and (b)(2)-(6), the appointment or 
enlistment is restricted to those already in an enlisted, warrant, or 
commissioned status, as the case may be, held by the member before 
placement of his name on the temporary disability retired list, since 
37:277 (last sentence) indicates that appointment in the next higher 
grade for regular warrant officer is restricted to those warrant grades 
to which the President alone may appoint him. Similarly 37:275 (last 10 
words) indicates that an enlisted member may only be reenlisted.
    In subsection (a)(2) reference to the President, in 37:277(a), is 
omitted as inapplicable to the appointment of warrant officers of the 
Army and the Air Force.
    Subsection (a)(5) is substituted for 37:275(b) (proviso) (as 
applicable to Army and Air Force).
    Subsection (a)(6) is inserted, since the words ``reserve component'' 
are defined by section 102(k) of the source statute to include members 
of the Army and the Air Force who have no component status.
    In subsection (b)(2), the words ``by and with the advice and consent 
of the Senate'' are added to make it clear that all appointments to the 
grade of commissioned warrant officer in the Navy, Marine Corps, and 
Coast Guard require Senate confirmation. Although these words do not 
appear in section 405 of the Career Compensation Act of 1949, there is 
no indication that an exception to the basic law relating to 
appointments in commissioned grades was intended.
    Subsection (d)(3) is made applicable to members without component 
status, since the words ``reserve component'' are defined in section 
102(k) of the source statute to include members of the Army and the Air 
Force who have no component status.
    In subsection (e), the words ``rank'' and ``rating'' are omitted as 
surplusage.

                            1962 Act

    The changes correct typographical errors.


                               Amendments

    1985--Subsec. (c). Pub. L. 99-145 inserted ``and if the member is 
not discharged, retired, or transferred to the Fleet Reserve or Fleet 
Marine Corps Reserve or inactive Reserve under section 1210 of this 
title,'' after ``proposed under subsection (a) or (b),'' and inserted 
``and the member shall be discharged'' after ``as soon as practicable''.
    1980--Subsec. (a)(1). Pub. L. 96-513 substituted ``active-duty 
list'' for ``active list of his regular component''.
    1962--Subsec. (d). Pub. L. 87-651 substituted ``subsection (b)(1) or 
(2)'' for ``subsection (b)(1), (2), or (3)'' in cl. (1), and 
``subsection (b)(4)'' for ``subsection (b)(5)'' in cl. (2).


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1210, 12009 of this title.
