Title 10Armed ForcesRelease 119-73

§12731b Special rule for members with physical disabilities not incurred in line of duty

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1223— - RETIRED PAY FOR NON-REGULAR SERVICE › § 12731b

Last updated Apr 6, 2026|Official source

Summary

The Secretary in charge can decide to treat a Selected Reserve member who lost eligibility only because they became physically unfit as if they met the required service time and give them the required notice, but only if the member has at least 15 and less than 20 years of service as counted under the law. This cannot be done if the disability was caused by the member’s intentional misconduct, willful neglect or willful failure to follow retention rules, or if the disability happened while the member was absent without permission.

Full Legal Text

Title 10, §12731b

Armed Forces — Source: USLM XML via OLRC

(a)In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.
(b)Notification under subsection (a) may not be made if—
(1)the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
(2)the disability was incurred during a period of unauthorized absence.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12731b

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73