§ 1216. Secretaries: powers, functions, and duties

1,834 words·~8 min read·/usc/title-10/section-1216

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(a)The Secretary concerned shall prescribe regulations to carry out this chapter within his department.

(b)Except as provided in subsection (d), the Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of—

(1)the fitness for active duty of any member of an armed force under his jurisdiction;

(2)the percentage of disability of any such member at the time of his separation from active duty;

(3)the suitability of any member for reappointment, reenlistment, or reentry upon active duty in an armed force under his jurisdiction; and

(4)the entitlement to, and payment of, disability severance pay to any member of an armed force under his jurisdiction.

(c)The Secretary concerned or the Secretary of Veterans Affairs, as prescribed by the President, has the powers, functions, and duties under this chapter incident to hospitalization, reexaminations, and the payment of disability retired pay within his department or agency.

(d)The Secretary concerned may not, with respect to any member who is a general officer or flag officer or is a medical officer being processed for retirement under any provisions of this title by reason of age or length of service—

(1)retire such member under section 1201 of this title;

(2)place such member on the temporary disability retired list pursuant to section 1202 of this title; or

(3)separate such member from an armed force pursuant to section 1203 of this title

by reason of unfitness to perform the duties of his office, grade, rank, or rating unless the determination of the Secretary concerned with respect to unfitness is first approved by the Secretary of Defense on the recommendation of the Assistant Secretary of Defense for Health Affairs.

(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 94–225, § 2(a), Mar. 4, 1976, 90 Stat. 202; Pub. L. 96–513, title V, § 511(45), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 98–525, title XIV, § 1405(25), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, title XIII, § 1343(a)(7), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 104–106, div. A, title IX, § 903(f)(2), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617.)

In subsection (b), the words “of any member for reappointment, reenlistment” are inserted for clarity, since they are implied in the words “reentry into active service”.

In subsections

(b)and (c), the words “under this chapter” are inserted for clarity.

In subsection (c), the words “as prescribed by the President” are substituted for the words “under regulations promulgated by the President”.