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Title 10 — Armed Forces

Part II · Chapter 61 — Retirement or Separation for Physical Disability

§ 1202. Regulars and members on active duty for more than 30 days: temporary disability retired list

Statutory text

Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for retirement under section 1201 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 92 · 70A Stat. 92

    Enacted · 10 U.S.C. § 1202

    Aug. 10, 1956, ch. 1041, 70A Stat. 92

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 92

  2. Pub. L. 85–861 § 1(28)(A) · 72 Stat. 1437

    Inserted · 10 U.S.C. § 1202

    Pub. L. 85–861 inserted “under section 270(b) of this title” after “(other than for training)”

    Source evidence

    Code amendment note
    Pub. L. 85–861 inserted “under section 270(b) of this title” after “(other than for training)”.

    Enacted provision · exact public law section
    (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

  3. Pub. L. 87–651 title I § 107(a) · 76 Stat. 506

    Substituted · 10 U.S.C. § 1202

    Pub. L. 87–651 substituted “training under section 270(b) of this title)” for “training) under section 270(b) of this title”

    Source evidence

    Code amendment note
    Pub. L. 87–651 substituted “training under section 270(b) of this title)” for “training) under section 270(b) of this title”.

    Enacted provision · exact public law section
    (a) Sections 1201, 1202, and 1203 of title 10, United States 70A Stat. 91. Code, are amended by striking out “training) under section 270(b) of this title” and inserting in place thereof “training under section 270(b) of this title)”.

  4. Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title V § 513(a)(1)(B) · 99 Stat. 583

    Inserted · 10 U.S.C. § 1202

    Pub. L. 99–145 inserted “and stable” after “determined to be of a permanent nature”

    Source evidence

    Code amendment note
    Pub. L. 99–145 inserted “and stable” after “determined to be of a permanent nature”.

    Enacted provision · exact public law section
    (B) Sections 1202 and 1205 are amended by inserting “and 10 USC 1202, 1205. stable” after “permanent nature” the first place it appears in each section.

  5. Reserve Officer Personnel Management Act

    Pub. L. 103–337 div. A title XVI § 1671(c)(6) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 1202

    Pub. L. 103–337 substituted “10148(a)” for “270(b)”

    Source evidence

    Code amendment note
    Pub. L. 103–337 substituted “10148(a)” for “270(b)”.

    Enacted provision · exact public law section
    (6) Sections 1201, 1202, and 1203 are each amended by striking out “section 270(b)” and inserting in lieu thereof “section 10148(a)”.

  6. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title V § 572(b) · 110 Stat. 2422

    Substituted · 10 U.S.C. § 1202

    Pub. L. 104–201 substituted “a member described in section 1201(c) of this title” for “a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under section 10148(a) of this title) for a period of more than 30 days,”

    Source evidence

    Code amendment note
    Pub. L. 104–201 substituted “a member described in section 1201(c) of this title” for “a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under section 10148(a) of this title) for a period of more than 30 days,”.

    Enacted provision · exact public law section
    (b) Eligibility for Placement on Temporary Disability Retirement List.— Section 1202 of title 10, United States Code, is amended by striking out “a member of a regular component” and all that follows through “more than 30 days,” and inserting in lieu thereof “a member described in section 1201(c) of this title”.

    Effective date note
    Amendment by Pub. L. 104–201 effective Sept. 23, 1996, and applicable with respect to physical disabilities incurred on or after such date, see section 572(d) of Pub. L. 104–201, set out as a note under section 1201 of this title.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
120237:272(a) (clause (5)).37:272(b) (clause (5)).Oct. 12, 1949, ch. 681, § 402(a) (clause (5)), (b) (clause (5)), 63 Stat. 816, 817.

The first 82 words are inserted for clarity and are based on the rule stated in section 1201 of this title, which restates that part of 37:272(a), (b), and (f) relating to retirement for physical disability. The revised section incorporates by reference those provisions which are identical for retirement and for placement on the temporary disability retired list. This is possible, since 37:272(f) applies to placement on the temporary disability retired list as well as to retirement (see opinion of the Judge Advocate General of the Army (JAGA 1953/1900, 9 Mar. 1953)).

historicalAndRevision
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1202[No source].[No source].

The amendment reflects the Act of April 23, 1956, ch. 209 (70 Stat 115). (See opinion of Comp. Gen., B–130269, .)

1962 Act

The changes correct typographical errors.

Editorial Notes

Amendments1958–1996 · 5 rounds

1996

Pub. L. 104–201 substituted “a member described in section 1201(c) of this title” for “a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under section 10148(a) of this title) for a period of more than 30 days,”.

1994

Pub. L. 103–337 substituted “10148(a)” for “270(b)”.

1985

Pub. L. 99–145 inserted “and stable” after “determined to be of a permanent nature”.

1962

Pub. L. 87–651 substituted “training under section 270(b) of this title)” for “training) under section 270(b) of this title”.

1958

Pub. L. 85–861 inserted “under section 270(b) of this title” after “(other than for training)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective , and applicable with respect to physical disabilities incurred on or after such date, see section 572(d) of Pub. L. 104–201, set out as a note under section 1201 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Credits

1956–1996 · 6 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 92
  2. 1958Pub. L. 85–861, § 1(28)(A), , 72 Stat. 1451
  3. 1962Pub. L. 87–651, title I, § 107(a), , 76 Stat. 508
  4. 1985Pub. L. 99–145, title V, § 513(a)(1)(B), , 99 Stat. 627
  5. 1994Pub. L. 103–337, div. A, title XVI, § 1671(c)(6), , 108 Stat. 3014
  6. 1996Pub. L. 104–201, div. A, title V, § 572(b), , 110 Stat. 2533.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 92; Pub. L. 85–861, § 1(28)(A), , 72 Stat. 1451; Pub. L. 87–651, title I, § 107(a), , 76 Stat. 508; Pub. L. 99–145, title V, § 513(a)(1)(B), , 99 Stat. 627; Pub. L. 103–337, div. A, title XVI, § 1671(c)(6), , 108 Stat. 3014; Pub. L. 104–201, div. A, title V, § 572(b), , 110 Stat. 2533.)

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