§ 1205. Members on active duty for 30 days or less: temporary disability retired list
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/usc/title-10/section-1205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 would be qualified for retirement under section 1204 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99–145, title V, § 513(a)(1)(B), Nov. 8, 1985, 99 Stat. 627; Pub. L. 99–661, div. A, title VI, § 604(d)(2)[(B)], Nov. 14, 1986, 100 Stat. 3876.)
The first 52 words are inserted for clarity and are based on the rule stated in section 1204 of this title, which restates that part of 37:272(c) relating to retirement for physical disability. The revised section incorporates by reference those provisions which are identical for retirement and for placement on the temporary disability retired list. This is possible, since 37:272(f) applies to placement on the temporary disability retired list as well as to retirement (see opinion of the Judge Advocate General of the Army (JAGA 1953/1900, 9 Mar. 1953)).
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- Aug. 10, 1956, ch. 1041
- 70A Stat. 94
- Pub. L. 99–145, title V, § 513(a)(1)(B)
- 99 Stat. 627
- Pub. L. 99–661, div. A, title VI, § 604(d)(2)[(B)]
- 100 Stat. 3876
- Pub. L. 99–661
- Pub. L. 99–145
- section 604(g) of Pub. L. 99–661
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§ 1205
Members on active duty for 30 days or less: temporary disability retired list
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 94
Pub. L.Pub. L. 99–145, title V, § 513(a)(1)(B)
Stat.99 Stat. 627
Pub. L.Pub. L. 99–661, div. A, title VI, § 604(d)(2)[(B)]
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