§1214a — Title 10 Armed Forces | U.S. Code

Summary

The rule says the military cannot force a service member out or refuse their reenlistment just because they are judged unsuited for deployment or worldwide duty for the same medical problem that a Physical Evaluation Board (PEB) already looked at and found the member fit for duty. This applies to any member the PEB has declared fit. A military department secretary can order the PEB to look again if there is reason to think the medical issue really does make the person unfit. If the PEB then finds the member unfit, the member can be retired or separated for disability. The Secretary of Defense must give final approval for any administrative separation or reenlistment denial in these cases.

Title 10, §1214a

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsection (c), the Secretary of the military department concerned may not authorize the involuntary administrative separation of a member described in subsection (b), or deny reenlistment of the member, based on a determination that the member is unsuitable for deployment or worldwide assignment based on the same medical condition of the member considered by a Physical Evaluation Board during the evaluation of the member.

(b)A member covered by subsection (a) is any member of the armed forces who has been determined by a Physical Evaluation Board pursuant to a physical evaluation by the board to be fit for duty.

(c)(1)The Secretary of the military department concerned may direct the Physical Evaluation Board to reevaluate any member described in subsection (b) if the Secretary has reason to believe that a medical condition of the member considered by the Physical Evaluation Board during the evaluation of the member described in that subsection renders the member unsuitable for continued military service based on the medical condition.

(2)A member determined pursuant to reevaluation under paragraph (1) to be unfit to perform the duties of the member’s office, grade, rank, or rating may be retired or separated for physical disability under this chapter.

(3)The Secretary of Defense shall be the final approval authority for any case determined by the Secretary of a military department to warrant administrative separation or denial of reenlistment based on a determination that the member is unsuitable for continued service due to the same medical condition of the member considered by a Physical Evaluation Board that found the member fit for duty.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Pub. L. 112–81, § 527(c)(1), substituted “Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation” for “Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation” in section catchline. Subsec. (a). Pub. L. 112–81, § 527(a), inserted “, or deny reenlistment of the member,” after “a member described in subsection (b)”. Subsec. (c)(3). Pub. L. 112–81, § 527(b), inserted “or denial of reenlistment” after “to warrant administrative separation”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 111–383, div. A, title V, § 534(b), Jan. 7, 2011, 124 Stat. 4217, provided that: “The

Amendments

made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Jan. 7, 2011], and shall apply with respect to members evaluated for fitness for duty by Physical Evaluation Boards on or after that date.”

§1214a Members Determined Fit for Duty in Physical Evaluation Board: Prohibition on Involuntary Administrative Separation or Denial of Reenlistment Due to Unsuitability Based on Medical Conditions Considered in Evaluation

Summary

Title 10, §1214a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata