
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: 10USC8446]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                   CHAPTER 839--TEMPORARY APPOINTMENTS
 
Sec. 8446. 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. 522; Pub. L. 85-861, Sec. 1(180)(C), 
Sept. 2, 1958, 72 Stat. 1532; 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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8446..................................  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 Air Force * * * 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 Air Force'' 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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---------------------------------
8446..................................  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 any 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 any 
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''.
