
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: 10USC1216]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1216. Secretaries: powers, functions, and duties

    (a) The Secretary concerned shall prescribe regulations to carry out 
this chapter within his department.
    (b) Except as provided in subsection (d), the Secretary concerned 
has all powers, functions, and duties incident to the determination 
under this chapter of--
        (1) the fitness for active duty of any member of an armed force 
    under his jurisdiction;
        (2) the percentage of disability of any such member at the time 
    of his separation from active duty;
        (3) the suitability of any member for reappointment, 
    reenlistment, or reentry upon active duty in an armed force under 
    his jurisdiction; and
        (4) the entitlement to, and payment of, disability severance pay 
    to any member of an armed force under his jurisdiction.

    (c) The Secretary concerned or the Secretary of Veterans Affairs, as 
prescribed by the President, has the powers, functions, and duties under 
this chapter incident to hospitalization, reexaminations, and the 
payment of disability retired pay within his department or agency.
    (d) The Secretary concerned may not, with respect to any member who 
is a general officer or flag officer or is a medical officer being 
processed for retirement under any provisions of this title by reason of 
age or length of service--
        (1) retire such member under section 1201 of this title;
        (2) place such member on the temporary disability retired list 
    pursuant to section 1202 of this title; or
        (3) separate such member from an armed force pursuant to section 
    1203 of this title

by reason of unfitness to perform the duties of his office, grade, rank, 
or rating unless the determination of the Secretary concerned with 
respect to unfitness is first approved by the Secretary of Defense on 
the recommendation of the Assistant Secretary of Defense for Health 
Affairs.

(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 94-225, Sec. 2(a), Mar. 
4, 1976, 90 Stat. 202; Pub. L. 96-513, title V, Sec. 511(45), Dec. 12, 
1980, 94 Stat. 2924; Pub. L. 98-525, title XIV, Sec. 1405(25), Oct. 19, 
1984, 98 Stat. 2623; Pub. L. 99-661, div. A, title XIII, 
Sec. 1343(a)(7), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 101-189, div. A, 
title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 104-
106, div. A, title IX, Sec. 903(f)(2), Feb. 10, 1996, 110 Stat. 402; 
Pub. L. 104-201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 
2617.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1216(a)...............................  37:283 (1st 17 words).               Oc
t. 12, 1949, ch. 681, Secs.  413
1216(b)...............................  37:284(a).                            (
1st 17 words), 414, 63 Stat. 824,
1216(c)...............................  37:284 (less (a)).                    8
25.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the words ``of any member for reappointment, 
reenlistment'' are inserted for clarity, since they are implied in the 
words ``reentry into active service''.
    In subsections (b) and (c), the words ``under this chapter'' are 
inserted for clarity.
    In subsection (c), the words ``as prescribed by the President'' are 
substituted for the words ``under regulations promulgated by the 
President''.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-106, Sec. 903(a), (f)(2), which 
directed amendment of subsec. (d), eff. Jan. 31, 1997, by substituting 
``official in the Department of Defense with principal responsibility 
for health affairs'' for ``Assistant Secretary of Defense for Health 
Affairs'', was repealed by Pub. L. 104-201.
    1989--Subsec. (c). Pub. L. 101-189 substituted ``Secretary of 
Veterans Affairs'' for ``Administrator of Veterans' Affairs''.
    1986--Subsec. (d). Pub. L. 99-661 substituted ``who is a general 
officer or flag officer or is a medical officer'' for ``who is in pay 
grade O-7 or higher or is a Medical Corps officer or medical officer of 
the Air Force'' in provisions preceding par. (1).
    1984--Subsec. (b). Pub. L. 98-525 struck out ``of this section'' 
after ``subsection (d)'' in provisions preceding par. (1).
    1980--Subsec. (d). Pub. L. 96-513 substituted ``Affairs'' for ``and 
Environment''.
    1976--Subsec. (b). Pub. L. 94-225, Sec. 2(a)(1), substituted 
``Except as provided in subsection (d) of this section, the Secretary'' 
for ``The Secretary''.
    Subsec. (d). Pub. L. 94-225, Sec. 2(a)(2), added subsec. (d).


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1976 Amendment

    Section 2(b) of Pub. L. 94-225 provided that: ``The amendments made 
by subsection (a) of this section [amending this section] shall apply 
with respect to unfitness determinations made on or after the date of 
the enactment of this Act [Mar. 4, 1976] by the Secretaries of the 
military departments concerned for purposes of sections 1201, 1202, and 
1203 of title 10, United States Code.''

       Ex. Ord. No. 10122. Regulations Governing Disability Pay, 
                    Hospitalization and Reexamination

    Ex. Ord. No. 10122, Apr. 14, 1950, 15 F.R. 2173, as amended by Ex. 
Ord. 10400, Sept. 27, 1952, 17 F.R. 8648; 1953 Reorg. Plan No. 1, 
Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Ex. Ord. No. 
11733, July 30, 1973, 38 F.R. 20431 provided:
    By virtue of and pursuant to the authority vested in me by section 
414(b) of the Career Compensation Act of 1949, approved October 12, 1949 
(Public Law 351, 81st Congress [former section 284(b) of Title 37, now 
covered by subsecs. (b) and (c) of this section], and as President of 
the United States and Commander in Chief of the armed forces of the 
United States, I hereby prescribe the following regulations governing 
payment of disability retirement pay, hospitalization, and re-
examination of members and former members of the uniformed services:
    Section 1. The terms ``uniformed services'' and ``Secretary'' as 
used in these regulations shall have the meaning prescribed therefor by 
subsections (a) and (f), respectively, of section 102 of the Career 
Compensation Act of 1949 [section 101(3) and (5) of Title 37, Pay and 
Allowances of the Uniformed Services].
    Sec. 2. (a) Effective as of October 1, 1949, all duties, powers, and 
functions incident to the payment of disability retirement pay of 
members or former members of the uniformed services retired for physical 
disability or receiving disability retirement pay shall, except as 
provided in subsection (b) of this section, be vested in the Secretary 
concerned.
    (b) Effective July 1, 1950, all duties, powers, and functions 
exercised by the Veterans' Administration pursuant to Executive Order 
No. 8099 of April 28, 1939, as amended by Executive Order No. 8461 of 
June 28, 1940, relative to the administration of the retirement-pay 
provisions of section 1 of the act of August 30, 1935, as amended by 
section 5 of the act of April 3, 1939, 53 Stat. 557 [former section 369a 
of this title], and amendments thereof, shall, as to cases within their 
respective jurisdictions, be vested in the Secretary of the Army and the 
Secretary of the Air Force, and thereafter the Veterans' Administration 
shall not be charged in any case with any further responsibility in the 
administration of the said retirement-pay provisions. The said Executive 
Order No. 8099 as amended by the said Executive Order No. 8461 is hereby 
amended accordingly.
    Sec. 3. All duties, powers, and functions incident to the 
hospitalization, except as provided in section 5 of this order, and re-
examination of members of the uniformed services placed on the temporary 
disability retired list under the provisions of the Career Compensation 
Act of 1949 shall be vested in the Secretary concerned.
    Sec. 4. Effective May 1, 1950, all duties, powers, and functions 
incident to the hospitalization of members or former members of the 
uniformed services permanently retired for physical disability or 
receiving disability retirement pay shall, except as provided in section 
5 of this order, be vested in the Secretary concerned: Provided, that 
all the duties, powers, and functions incident to hospitalization which 
such members or former members are entitled to and elect to receive in 
facilities of the Veterans' Administration, other than hospitals under 
the jurisdiction of the uniformed services, shall be vested in the 
Administrator of Veterans' Affairs.
    Sec. 5. All duties, powers, and functions incident to the 
hospitalization of members or former members of the uniformed services 
placed on the temporary disability retired list or permanently retired 
for physical disability or receiving disability retirement pay who 
require hospitalization for chronic diseases shall be vested in the 
Administrator of Veterans' Affairs: Provided, that all the duties, 
powers, and functions incident to hospitalization for such members or 
former members who elect to receive hospitalization in uniformed 
services facilities shall, subject to the availability of space and 
facilities and the capabilities of the medical and dental staff, be 
vested in the Secretary concerned: And provided further, that for the 
purpose of this order, the term ``chronic disease'' shall be construed 
to include arthritis, malignancy, psychiatric or neuropsychiatric 
disorder, neurological disabilities, poliomyelitis with disability 
residuals and degenerative diseases of the nervous system, severe 
injuries to the nervous system including quadriplegics, hemiplegics, and 
paraplegics, tuberculosis, blindness and deafness requiring definitive 
rehabilitation, major amputees, and such other diseases as may be so 
defined jointly by the Secretary of Defense, the Administrator of 
Veterans' Affairs, and the Federal Security Administrator and so 
described in appropriate regulations of the respective departments and 
agencies concerned. Executive Order No. 9703 of March 12, 1946, 
prescribing regulations relating to the medical care of certain 
personnel of the Coast Guard, National Oceanic and Atmospheric 
Administration (formerly Coast and Geodetic Survey), Public Health 
Service, and the former Lighthouse Service, is hereby amended to the 
extent necessary to conform to the provisions of this section.
    Sec. 6. Except as provided in section 5 hereof with respect to 
hospitalization for chronic diseases, nothing in this order shall be 
construed to affect the duties, powers, and functions of the Public 
Health Service with respect to hospitalization and medical examination 
of members and former members of the Coast Guard and the National 
Oceanic and Atmospheric Administration (formerly Coast and Geodetic 
Survey) under the Public Health Service Act, approved July 1, 1944 (58 
Stat. 682), as amended [section 201 et seq. of Title 42, The Public 
Health and Welfare], and the regulations prescribed by the said 
Executive Order No. 9703 of March 12, 1946.
    Sec. 7. Nothing in this order shall be construed to affect the 
duties, powers, and functions vested in the Administrator of Veterans' 
Affairs pursuant to the provisions of the act of May 24, 1928, entitled 
``An Act making eligible for retirement, under certain conditions, 
officers and former officers of the Army, Navy, and Marine Corps of the 
United States, other than officers of the Regular Army, Navy, or Marine 
Corps, who incurred physical disability in line of duty while in the 
service of the United States during the World War'' (45 Stat. 735, as 
amended) [section 581 of former Title 38], or by or pursuant to the act 
of September 26, 1941, entitled ``An Act to provide retirement pay and 
hospital benefits to certain Reserve officers, Army of the United 
States, disabled while on active duty'' (55 Stat. 733) [former section 
456a of this title].
