Title 10Armed ForcesRelease 119-73

§1206 Members on active duty for 30 days or less or on inactive-duty training: separation

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 61— - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY › § 1206

Last updated Apr 6, 2026|Official source

Summary

The Secretary may separate a service member who is not covered by sections 1201, 1202, or 1203 if the Secretary finds the member cannot perform their duties because of a physical disability. If separated, the member can get severance pay calculated under section 1212. Separation can happen only if all of the following are true: the member has less than 20 years of service under section 1208; the disability came from an injury, illness, or disease in the line of duty while on active duty or inactive-duty training, while traveling directly to or from that duty, while staying overnight before or between inactive-duty training when the site is too far to commute, or while on funeral honors duty (including travel and overnight stays); the disability was not caused by intentional misconduct, willful neglect, or an unauthorized absence; medical opinion says the disability is or may be permanent; and the VA disability rating is under 30 percent at the time. For disabilities that began before October 5, 1999, the disability must have been the proximate result of the duty or travel.

Full Legal Text

Title 10, §1206

Armed Forces — Source: USLM XML via OLRC

Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability, the member may be separated from his armed force, with severance pay computed under section 1212 of this title, if the Secretary also determines that—
(1)the member has less than 20 years of service computed under section 1208 of this title;
(2)the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty—
(A)while—
(i)performing active duty or inactive-duty training;
(ii)traveling directly to or from the place at which such duty is performed; or
(iii)remaining overnight immediately before the commencement of inactive-duty training, or 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; or
(B)while the member—
(i)was serving on funeral honors duty under section 12503 of this title or section 115 of title 32;
(ii)was traveling to or from the place at which the member was to so serve; or
(iii)remained overnight at or in the vicinity of that place immediately before so serving;
(3)the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence;
(4)based upon accepted medical principles, the disability is or may be of a permanent nature; and
(5)the disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and, in the case of a disability incurred before October 5, 1999, was 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 120637:272(c) (last proviso).Oct. 12, 1949, ch. 681, § 402(c) (last proviso), 63 Stat. 818. To state fully in the revised section the rule contained in 37:272(c) (last proviso), the provisions of 37:272(c) (less clause (5), and less 1st proviso), and 272(f) (as applicable to 272(c)), also contained in section 1204 of this title, are repeated. The words “the member may be separated” are substituted for the words “the member concerned shall not be eligible for any disability retirement provided in this section, but may be separated for physical disability”. Clause (1) is inserted for clarity, since a member who had over 20 years of service would qualify under section 1204 or 1205 of this title. The last sentence of the revised section, relating to transfer to the inactive status list, is inserted for clarity because of section 1209 of this title.

Editorial Notes

Amendments

2001—Par. (2)(B)(iii). Pub. L. 107–107, § 513(b), struck out “, if the place is outside reasonable commuting distance from the member’s residence” before semicolon at end. Par. (5). Pub. L. 107–107, § 1048(c)(6), substituted “October 5, 1999,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,”. 1999—Par. (2). Pub. L. 106–65, § 578(i)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while— “(A) performing active duty or inactive-duty training; “(B) traveling directly to or from the place at which such duty is performed; or “(C) while remaining overnight immediately before the commencement of inactive-duty training, or 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;”. Par. (5). Pub. L. 106–65, § 653(c), inserted “, in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,” after “determination, and”. 1997—Pub. L. 105–85, § 513(d)(2), amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”. Pars. (2) to (5). Pub. L. 105–85, § 513(c)(2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. 1992—Par. (4). Pub. L. 102–484 inserted before period at end “or of traveling directly to or from the place at which such duty is performed”. 1989—Par. (4). 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–484 effective with respect to disabilities incurred on or after Nov. 14, 1986, with any benefits or services payable by reason of applicability of that amendment during period beginning Nov. 14, 1986, and ending Oct. 23, 1992, subject to availability of appropriations, see section 516(b) of Pub. L. 102–484, set out as a note under section 1204 of this title.

Effective Date

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1206

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73