§1204 Members on active duty for 30 days or less or on inactive-duty training: retirement

Revised sectionSource (U.S. Code)Source (Statutes at Large) 120437:271(a).37:272(c) (less clause (5), and less last proviso).37:272(f) (as applicable to 37:272(c)).Oct. 12, 1949, ch. 681, §§ 401(a), 402(c) (less clause (5), and less last proviso), 402(f) (as applicable to § 402(c)), 63 Stat. 816, 817, 820. 37:271(a) is omitted as surplusage. As it relates to retirement it is only a statement of the general coverage of the retirement sections of this chapter. As it relates to separation it is only a statement of the general coverage of the separation sections of this chapter. The words “a member * * * not covered by section 1201, 1202, or 1203 of this title” are substituted for the words “a member * * * other than those members covered in subsections (a) and (b) of this section”. 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(c). The words “of such member”, “upon retirement”, and “to receive”, in 37:272(c), 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(c)(5). In clause (2), the word “disability” is substituted for the word “injury” to make clear, in view of 37:278, that members on active duty for 30 days or less are on the same footing as those on active duty for a longer period, with respect to the effect of misconduct or neglect. In clause (3), the words “and was not incurred during a period of unauthorized absence” are inserted to conform to other revised sections of this chapter and because of section 1207 of this title. The words “full-time training duty, other full-time duty” are omitted as covered by the words “active duty”. Clause (4)(A) is substituted for 37:272(f) (as applicable to 37:272(c)). 37:272(f) (proviso) is omitted as surplusage. In clause (4)(B), the words “at the time of the determination” are substituted for the word “current”, in 37:272(c).

2001—Par. (2)(B)(iii). Pub. L. 107–107, struck out “, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence” before semicolon. 1999—Par. (2)(C). Pub. L. 106–65 added subpar. (C). 1997—Pub. L. 105–85, § 513(d)(1), amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”. Par. (2). Pub. L. 105–85, § 513(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of, or was incurred in line of duty after the date of the enactment of this Act as a result of— “(A) performing active duty or inactive-duty training; “(B) traveling directly to or from the place at which such duty is performed; or “(C) an injury, illness, or disease incurred or aggravated while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive duty training, if the site is outside reasonable commuting distance of the member’s residence;”. 1996—Par. (2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of performing active duty or inactive-duty training or of traveling directly to or from the place at which such duty is performed;”. 1992—Par. (2). Pub. L. 102–484 inserted before semicolon at end “or of traveling directly to or from the place at which such duty is performed”. 1989—Par. (4)(B). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1986—Pub. L. 99–661 struck out “; disability from injury” after “30 days or less” in section catchline and “resulting from an injury” after “because of physical disability” in provisions preceding par. (1). 1985—Par. (1). Pub. L. 99–145 inserted “and stable” after “permanent nature”.

of 1992 Amendment Pub. L. 102–484, div. A, title V, § 516(b), Oct. 23, 1992, 106 Stat. 2407, provided that: “The

made by subsection (a) [amending this section and section 1206 of this title] shall take effect with respect to disabilities incurred on or after November 14, 1986, but any benefits or services payable by reason of the applicability of those

during the period beginning on November 14, 1986, and ending on the date of the enactment of this Act [Oct. 23, 1992] shall be subject to the availability of appropriations.”

of 1986 AmendmentAmendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title.