Title 10 — Armed ForcesRelease 119-73not60

§1207a Members with Over Eight Years of Active Service: Eligibility for Disability Retirement for Pre-existing Conditions

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 61— RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY › § 1207a

Last updated Apr 3, 2026|Official source

Summary

If a service member has at least eight years of active service, a disability that began before they started getting pay in their current active-duty period will be treated as if it began while they were being paid. That treatment is used to decide whether the disability counts as in the line of duty for sections 1201, 1202, or 1203. Member with at least eight years of active service: someone who has served eight or more years on active duty.

Full Legal Text

Title 10, §1207a

Armed Forces — Source: USLM XML via OLRC

(a)In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.

(b)A member described in subsection (a) is a member with at least eight years of active service.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1207a

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60