
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: 10USC3446]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                   CHAPTER 339--TEMPORARY APPOINTMENTS
 
Sec. 3446. Retention on active duty

    The President may retain on active duty a disabled officer until--
        (1) the physical condition of the officer is such that the 
    officer will not be further benefited by retention in a military 
    hospital or a medical facility of the Department of Veterans 
    Affairs; or
        (2) the officer is processed for physical disability benefits 
    provided by law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 196; Pub. L. 85-861, Sec. 1(81)(C), 
Sept. 2, 1958, 72 Stat. 1480; Pub. L. 101-189, div. A, title XVI, 
Sec. 1621(a)(10), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 102-25, title 
VII, Sec. 701(j)(6), Apr. 6, 1991, 105 Stat. 116.)

                                          Historical and Revision Notes
                                                    1956 Act
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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3446..................................  10:499.                              Ju
ne 19, 1948, ch. 511, 62 Stat.
                                                                              4
89.
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---------------------------------

    The word ``shall'' is substituted for the words ``authorized and 
directed''. The words ``on active duty'' are substituted for the words 
``in service''. The words ``warrant officers, and flight officers'' are 
omitted, since the definition of ``officer'' in section 101(14) of this 
title covers commissioned, warrant, and flight officers. The words ``who 
has only a temporary appointment'' are substituted for the words ``of 
the Army * * * of the United States''. The words ``his physical 
condition is such that he'' are substituted for the words ``their 
treatment for physical reconstruction has reached a point where they''. 
The words ``in the Army'' are substituted for the words ``in the 
military service''.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3446..................................  10 App.:499.                         Ju
ne 15, 1956, ch. 388, 70 Stat.
                                                                              2
82.
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---------------------------------

    The words ``commissioned officers and warrant'' are omitted as 
covered by the definition of the word ``officer'' in section 101(14) of 
this title. The words ``condition is such that'' are substituted for the 
words ``reconstruction has reached a point where''.


                               Amendments

    1991--Par. (2). Pub. L. 102-25 struck out ``as'' before ``provided 
by law''.
    1989--Pub. L. 101-189 amended section generally. Prior to amendment, 
section read as follows: ``Notwithstanding any other provision of law, 
the President may retain on active duty a disabled officer until his 
physical condition is such that he will not be further benefited by 
retention in a military or Veterans' Administration hospital or until he 
is processed for physical disability benefits provided by law.''
    1958--Pub. L. 85-861 substituted ``may retain on active duty a 
disabled officer'' for ``shall retain on active duty any disabled 
officer who has only a temporary appointment'', and ``military or 
Veterans' Administration hospital or until he is processed for physical 
disability benefits provided by law'' for ``military hospital or in the 
Army''.
