§1201 Regulars and members on active duty for more than 30 days: retirement

1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 120137:272(a) (less clause (5), and less 2d proviso).37:272(b) (less clause (5), and less 2d and last provisos).37:272(f) (less applicability to 37:272(c) and (e)).Oct. 12, 1949, ch. 681, § 402(a) (less clause (5), and less 2d proviso), (b) (less clause (5), and less 2d and last provisos), (f) (less applicability to § 402(c) and (e)), 63 Stat. 816, 817, 820. The words “any other member” are substituted for the words “a member of a Reserve component”, in 37:272(a) and (b), since the words “Reserve component” are defined by section 102(k) of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)), to include members appointed, enlisted, or inducted without component. The words “active duty (other than for training)” are substituted for the words “extended active duty” for clarity and to reflect the opinion of the Comptroller General in 31 Comp. Gen. 95, 99. 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(a) and (b). The words “of such member”, “upon retirement”, and “to receive”, in 37:272(a), 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(a)(5) and (b)(5). Clause (3)(A) is substituted for 37:272(f) (less applicability to 37:272(c) and (e)). 37:272(f) is omitted as surplusage. In clause (3)(B), the words “at the time of the determination” are substituted for the word “current”, in 37:272(a) and (b). Clause (3)(B)(iii) is substituted for 37:272(a) (last proviso). 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 1201[No source].[No source]. The amendment reflects the Act of

April 23, 1956, ch. 209 (70 Stat 115). (See opinion of Comp. Gen., B–130269,

March 18, 1957.) 1962 ActThe changes correct typographical errors.

2008—Subsec. (b)(3)(B)(i). Pub. L. 110–417 struck out “the member has six months or more of active military service and” before “the disability was not noted” and substituted “(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service)” for “(unless compelling evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)”. Pub. L. 110–181 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the member has at least eight years of service computed under section 1208 of this title;”. 1996—Pub. L. 104–201 added subsecs. (a) and (c), designated existing provisions as subsec. (b), and substituted introductory provisions of subsec. (b) for “Upon a determination by the Secretary concerned that a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under section 10148(a) of this title) for a period of more than 30 days, is unfit to perform the duties of his office, grade, rank, or rating because of physical disability incurred while entitled to basic pay, the Secretary may retire the member, with retired pay computed under section 1401 of this title, if the Secretary also determines that—”. 1994—Pub. L. 103–337 substituted “10148(a)” for “270(b)” in introductory provisions. 1989—Par. (3)(B). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1985—Par. (1). Pub. L. 99–145 inserted “and stable” after “permanent nature”. 1980—Par. (3)(B)(iv). Pub. L. 96–513 substituted “after

September 14, 1978” for “during the period beginning on

September 15, 1978, and ending on

September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect”. Pub. L. 96–343 added cl. (iv). 1978—Par. (3)(B)(iv). Pub. L. 95–377 added cl. (iv) which provided additional condition, effective on Presidential determination, that the disability was incurred in the line of duty during Sept. 15, 1978, through Sept. 30, 1979, and which terminated on Sept. 30, 1979. See Effective and Termination Dates of 1978 Amendment note set out under this section. 1962—Pub. L. 87–651 substituted “training under section 270(b) of this title)” for “training) under section 270(b) of this title”. 1958—Pub. L. 85–861 inserted “under section 270(b) of this title” after “(other than for training)”.