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Title 10, Armed ForcesRelease 119-102

§640 Deferment of Retirement or Separation for Medical Reasons

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 36 — PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › SUBCHAPTER IV — CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT › § 640

Last updated Aug 21, 2026|Official source

Summary

The military department secretary can delay an officer’s retirement or separation if the medical exam that will decide the officer’s disability or fitness for duty requires hospitalization or close medical monitoring and that care can’t be finished safely before the officer’s scheduled leave date. Any such delay cannot last more than 30 days after the hospitalization or observation ends.

Full Legal Text

Title 10, §640

Armed Forces, Source: USLM XML via OLRC

(a)If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a manner consistent with the member’s well being before the date on which the officer would otherwise be required to retire or be separated under this title, the Secretary may defer the retirement or separation of the officer under this title.
(b)A deferral of retirement or separation under subsection (a) may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Pub. L. 107–107 amended text generally. Prior to amendment, text read as follows: “The Secretary of the military department concerned may defer the retirement or separation under this title of any officer if the evaluation of the physical condition of the officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which the officer would otherwise be required to retire or be separated under this title.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

Effective Date

of 1980 Amendment note under section 101 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 640

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102