Title 10 — Armed ForcesRelease 119-73
§1202 Regulars and members on active duty for more than 30 days: temporary disability retired list
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 61— - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY › § 1202
Summary
Place a member on the temporary disability retired list if they would qualify for retirement but their disability is not determined to be permanent and stable and may become so; give them retired pay.
Full Legal Text
Title 10, §1202
Armed Forces — Source: USLM XML via OLRC
Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for retirement under section 1201 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 120237:272(a) (clause (5)).37:272(b) (clause (5)).Oct. 12, 1949, ch. 681, § 402(a) (clause (5)), (b) (clause (5)), 63 Stat. 816, 817. The first 82 words are inserted for clarity and are based on the rule stated in section 1201 of this title, which restates that part of 37:272(a), (b), and (f) 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)). 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 1202[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.
Editorial Notes
Amendments
1996—Pub. L. 104–201 substituted “a member described in section 1201(c) of this title” for “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,”. 1994—Pub. L. 103–337 substituted “10148(a)” for “270(b)”. 1985—Pub. L. 99–145 inserted “and stable” after “determined to be of a permanent nature”. 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)”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–201 effective Sept. 23, 1996, and applicable with respect to physical disabilities incurred on or after such date, see section 572(d) of Pub. L. 104–201, set out as a note under section 1201 of this title.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an
Effective Date
note under section 10001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1202
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73