§ 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement

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Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability, the Secretary may retire the member with retired pay computed under section 1401 of this title, if the Secretary also determines that—

(1)based upon accepted medical principles, the disability is of a permanent nature and stable;

(2)the disability—

(A)was incurred before September 24, 1996, as the proximate result of—

(i)performing active duty or inactive-duty training;

(ii)traveling directly to or from the place at which such duty is performed; or

(iii)an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence;

(B)is a result of an injury, illness, or disease incurred or aggravated in line of duty after September 23, 1996—

(i)while performing active duty or inactive-duty training;

(ii)while traveling directly to or from the place at which such duty is performed; or

(iii)while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or

(C)is a result of an injury, illness, or disease incurred or aggravated in line of duty—

(i)while the member was serving on funeral honors duty under section 12503 of this title or section 115 of title 32;

(ii)while the member was traveling to or from the place at which the member was to so serve; or

(iii)while the member remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence;

(3)the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and

(4)either—

(A)the member has at least 20 years of service computed under section 1208 of this title; or

(B)the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination.

(Aug. 10, 1956, ch. 1041, 70A Stat. 93; Pub. L. 99–145, title V, § 513(a)(1)(A), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99–661, div. A, title VI, § 604(d)(1), (2)(A), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 102–484, div. A, title V, § 516(a), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 104–201, div. A, title V, § 534, Sept. 23, 1996, 110 Stat. 2521; Pub. L. 105–85, div. A, title V, § 513(c)(1), (d)(1), Nov. 18, 1997, 111 Stat. 1730, 1731; Pub. L. 106–65, div. A, title V, § 578(i)(3), Oct. 5, 1999, 113 Stat. 629; Pub. L. 107–107, div. A, title V, § 513(b), Dec. 28, 2001, 115 Stat. 1093.)

37:271(a) is omitted as surplusage. As it relates to retirement it is only a statement of the general coverage of the retirement sections of this chapter. As it relates to separation it is only a statement of the general coverage of the separation sections of this chapter. The words “a member * * * not covered by section 1201, 1202, or 1203 of this title” are substituted for the words “a member * * * other than those members covered in subsections

(a)and

(b)of this section”. The words “if the Secretary also determines that” are substituted for the words “That if condition

(5)above is met by a finding that”, in 37:272(c). The words “of such member”, “upon retirement”, and “to receive”, in 37:272(c), are omitted as surplusage.

In clause (1), the words “based upon accepted medical principles” are inserted as a necessary implication of the rule stated in 37:272(c)(5).

In clause (2), the word “disability” is substituted for the word “injury” to make clear, in view of 37:278, that members on active duty for 30 days or less are on the same footing as those on active duty for a longer period, with respect to the effect of misconduct or neglect.

In clause (3), the words “and was not incurred during a period of unauthorized absence” are inserted to conform to other revised sections of this chapter and because of section 1207 of this title. The words “full-time training duty, other full-time duty” are omitted as covered by the words “active duty”.

Clause (4)(A) is substituted for 37:272(f) (as applicable to 37:272(c)). 37:272(f) (proviso) is omitted as surplusage.

In clause (4)(B), the words “at the time of the determination” are substituted for the word “current”, in 37:272(c).

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