§ 1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation

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(a)Disposition.— Except as provided in subsection (c), the Secretary of the military department concerned may not authorize the involuntary administrative separation of a member described in subsection (b), or deny reenlistment of the member, based on a determination that the member is unsuitable for deployment or worldwide assignment based on the same medical condition of the member considered by a Physical Evaluation Board during the evaluation of the member.

(b)Covered Members.— A member covered by subsection

(a)is any member of the armed forces who has been determined by a Physical Evaluation Board pursuant to a physical evaluation by the board to be fit for duty.

(c)Reevaluation.—

(1)The Secretary of the military department concerned may direct the Physical Evaluation Board to reevaluate any member described in subsection

(b)if the Secretary has reason to believe that a medical condition of the member considered by the Physical Evaluation Board during the evaluation of the member described in that subsection renders the member unsuitable for continued military service based on the medical condition.

(2)A member determined pursuant to reevaluation under paragraph

(1)to be unfit to perform the duties of the member’s office, grade, rank, or rating may be retired or separated for physical disability under this chapter.

(3)The Secretary of Defense shall be the final approval authority for any case determined by the Secretary of a military department to warrant administrative separation or denial of reenlistment based on a determination that the member is unsuitable for continued service due to the same medical condition of the member considered by a Physical Evaluation Board that found the member fit for duty.

(Added Pub. L. 111–383, div. A, title V, § 534(a)(1), Jan. 7, 2011, 124 Stat. 4216; amended Pub. L. 112–81, div. A, title V, § 527(a)–(c)(1), Dec. 31, 2011, 125 Stat. 1401, 1402.)

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Public Law 111–383
To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

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Pub. L. 111–383, div. A, title V, § 534(a)(1)
124 Stat. 4216
Pub. L. 112–81, div. A, title V, § 527(a)
125 Stat. 1401
Pub. L. 112–81, § 527(c)(1)
Pub. L. 112–81, § 527(a)
Pub. L. 112–81, § 527(b)
Pub. L. 111–383, div. A, title V, § 534(b)
124 Stat. 4217

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§ 1214a

Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation

Stat.×1

Pub. L.Pub. L. 111–383, div. A, title V, § 534(a)(1)

Stat.124 Stat. 4216

Pub. L.Pub. L. 112–81, div. A, title V, § 527(a)

Stat.125 Stat. 1401

Pub. L.Pub. L. 112–81, § 527(c)(1)

Cites 9 · showing 5Cited by 1 across 1 source