
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: 10USC1218]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1218. Discharge or release from active duty: claims for 
        compensation, pension, or hospitalization
        
    (a) A member of an armed force may not be discharged or released 
from active duty because of physical disability until he--
        (1) has made a claim for compensation, pension, or 
    hospitalization, to be filed with the Department of Veterans 
    Affairs, or has refused to make such a claim; or
        (2) has signed a statement that his right to make such a claim 
    has been explained to him, or has refused to sign such a statement.

    (b) A right that a member may assert after failing or refusing to 
sign a claim, as provided in subsection (a), is not affected by that 
failure or refusal.
    (c) This section does not prevent the immediate transfer of a member 
to a facility of the Department of Veterans Affairs for necessary 
hospital care.

(Added Pub. L. 85-56, title XXII, Sec. 2201(31)(A), June 17, 1957, 71 
Stat. 160; amended Pub. L. 87-651, title I, Sec. 107(c), Sept. 7, 1962, 
76 Stat. 508; Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(1), (4), 
Nov. 29, 1989, 103 Stat. 1602, 1603.)


                      Historical and Revision Notes

                            1962 Act

    Sections 1218 and 1219 are restated, without substantive change, to 
conform to the style adopted for title 10.


                               Amendments

    1989--Subsec. (a)(1). Pub. L. 101-189, Sec. 1621(a)(1), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    Subsec. (c). Pub. L. 101-189, Sec. 1621(a)(4), substituted 
``facility of the Department of Veterans Affairs'' for ``Veterans' 
Administration facility''.
    1962--Pub. L. 87-651 amended section generally, and among other 
changes, substituted ``Discharge or release from active duty: claims for 
compensation, pension, or hospitalization'' for ``Explanation of rights 
before discharge'' in section catchline, and struck out provisions which 
prohibited a person from being discharged or released from active duty 
until his certificate of discharge or release from active duty and his 
final pay (or a substantial portion of his final pay) are ready for 
delivery to him or to his next of kin or legal representative.


                             Effective Date

    Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85-56, 
71 Stat. 172.
