§ 1203. Regulars and members on active duty for more than 30 days: separation

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. 1956

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

   Enacted · 10 U.S.C. § 1203

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

   Source evidence

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

2. 1958

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

   Inserted · 10 U.S.C. § 1203

   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. 1962

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

   Substituted · 10 U.S.C. § 1203

   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. 1978

   Pub. L. 95–377 § 3(2) · 92 Stat. 719

   Added · 10 U.S.C. § 1203(4)(A)(iii)

   Pub. L. 95–377, § 3(2), added cl. (iii) which provided additional conditions, effective on Presidential determination, that the disability was incurred in the line of duty during Sept. 15, 1978, through Sept. 30, 1979, and which terminated on Sept. 30, 1979. See Effective and Termination Dates of 1978 Amendment note set out under this section

   Source evidence

   Code amendment note
   Par. (4)(A)(iii). Pub. L. 95–377, § 3(2), added cl. (iii) which provided additional conditions, effective on Presidential determination, that the disability was incurred in the line of duty during Sept. 15, 1978, through Sept. 30, 1979, and which terminated on Sept. 30, 1979. See Effective and Termination Dates of 1978 Amendment note set out under this section.

   Enacted provision · exact public law section
   (2) Section 1203(4)(A) of such title is amended by Separation. — (A) striking out the word “or” at the end of item (i); (B) striking out the semicolon at the end of item (ii) and inserting in lieu thereof a comma and the following: “or (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1979, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect;”.

5. 1978

   Pub. L. 95–377 § 3(3) · 92 Stat. 719

   1. Amended · 10 U.S.C. § 1203(4)(C)

      Pub. L. 95–377, § 3(3), designated existing conditions of performing active duty and incurred in line of duty in time of war or national emergency as cls. (i) and (ii)

   2. Added · 10 U.S.C. § 1203(4)(C)

      Pub. L. 95–377, § 3(3), added cl. (iii) providing additional condition, effective on Presidential determination, that the disability was incurred in line of duty during Sept. 15, 1978, through Sept. 30, 1979, and terminated on Sept. 30, 1979. See Effective and Termination Dates of 1978 Amendment note set out under this section

   Source evidence

   Code amendment note
   Par. (4)(C). Pub. L. 95–377, § 3(3), designated existing conditions of performing active duty and incurred in line of duty in time of war or national emergency as cls. (i) and (ii) and added cl. (iii) providing additional condition, effective on Presidential determination, that the disability was incurred in line of duty during Sept. 15, 1978, through Sept. 30, 1979, and terminated on Sept. 30, 1979. See Effective and Termination Dates of 1978 Amendment note set out under this section.

   Enacted provision · exact public law section
   (3) Section 1203(4)(C) of such title is amended by striking out “the proximate result of performing active duty nor incurred in line of duty in time of war or national emergency” and inserting in lieu thereof “(i) the proximate result of performing active duty, (ii) incurred in line of duty in time of war or national emergency, nor (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1979, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effective”.

6. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 10(c)(2) · 94 Stat. 1123

   Added · 10 U.S.C. § 1203(4)(A)(iii)

   Pub. L. 96–343, § 10(c)(2), added cl. (iii)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 10(c)(2), added cl. (iii).

   Enacted provision · exact public law section
   (2) Section 1203(4)(A) of such title is amended— 10 USC 1203. (A) by striking out “or” at the end of item (i); and (B) by striking out the semicolon at the end of item (ii) and inserting in lieu thereof “, or (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect;”.

7. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 10(c)(3) · 94 Stat. 1123

   Substituted · 10 U.S.C. § 1203(4)(C)

   Pub. L. 96–343, § 10(c)(3), substituted “(i) the proximate result of performing active duty, (ii) incurred in line of duty in time of war or national emergency, nor (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect” for “the proximate result of performing active duty nor incurred in line of duty in time of war or national emergency”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 10(c)(3), substituted “(i) the proximate result of performing active duty, (ii) incurred in line of duty in time of war or national emergency, nor (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect” for “the proximate result of performing active duty nor incurred in line of duty in time of war or national emergency”.

   Enacted provision · exact public law section
   (3) Section 1203(4)(C) of such title is amended by striking out “the proximate result of performing active duty nor incurred in line of duty in time of war or national emergency” and inserting in lieu thereof “(i) the proximate result of performing active duty, (ii) incurred in line of duty in time of war or national emergency, nor (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect”.

8. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title I § 117 · 94 Stat. 2835

   Substituted · 10 U.S.C. § 1203(4)(A)(iii)

   Pub. L. 96–513 substituted “after September 14, 1978” for “during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect”

   Source evidence

   Code amendment note
   Par. (4)(A)(iii). Pub. L. 96–513 substituted “after September 14, 1978” for “during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect”.

   Enacted provision · exact public law section
   Sec. 117. permanent authority for certain provisions relating to disability retirement Sections 1201(3)(B)(iv), 1203(4)(A)(iii), and 1203(4)(C)(iii) are each amended by striking out “during the period beginning on” and all that follows through “to that effect” and inserting in lieu thereof “after September 14, 1978”.

9. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title I § 117 · 94 Stat. 2835

   Substituted · 10 U.S.C. § 1203(4)(C)

   Pub. L. 96–513 substituted “after September 14, 1978” for “during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect” in cl. (iii)

   Source evidence

   Code amendment note
   Par. (4)(C). Pub. L. 96–513 substituted “after September 14, 1978” for “during the period beginning on September 15, 1978, and ending on September 30, 1982, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect” in cl. (iii).

   Enacted provision · exact public law section
   Sec. 117. permanent authority for certain provisions relating to disability retirement Sections 1201(3)(B)(iv), 1203(4)(A)(iii), and 1203(4)(C)(iii) are each amended by striking out “during the period beginning on” and all that follows through “to that effect” and inserting in lieu thereof “after September 14, 1978”.

10. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title XVI § 1621(a)(1) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 1203(4)(A)(C)

    Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” wherever appearing

    Source evidence

    Code amendment note
    Par. (4)(A) to (C). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (1) The following sections are amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”: sections 176(a)(3), 772(g), 1174(h)(2), 1201(3)(B), 1203(4)(A), 1203(4)(B), 1203(4)(C), 1204(4)(B), 1206(4), 1209, 1210(c), 1210(d), 1210(e), 1212(c), 1218(a)(1), 1431(b)(1), 1433 (in two places), 1441, 1449, 1450(h), 1452(g)(1), 1452(g)(5), 1476(b), 2641(a), 2641(b)(1) (in two places), 2641(d)(2), 4342(a)(1), 4621(d), 4683(a)(1), 4713(c), 6954(a)(1), 7603, 9342(a)(1), 9621(d), and 9713(c).

11. 1994

    Reserve Officer Personnel Management Act

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

    Substituted · 10 U.S.C. § 1203

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

    Source evidence

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

    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)”.

12. 1996

    National Defense Authorization Act for Fiscal Year 1997

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

    1. Added · 10 U.S.C. § 1203

       Pub. L. 104–201 added subsec. (a)

    2. Amended · 10 U.S.C. § 1203

       Pub. L. 104–201 designated existing provisions as subsec. (b)

    3. Substituted · 10 U.S.C. § 1203

       Pub. L. 104–201 substituted introductory provisions of subsec. (b) for “Upon a determination by the Secretary concerned that 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, is unfit to perform the duties of his office, grade, rank, or rating because of physical disability incurred while entitled to basic pay, the member may be separated from his armed force, with severance pay computed under section 1212 of this title, if the Secretary also determines that—”

    Source evidence

    Code amendment note
    Pub. L. 104–201 added subsec. (a), designated existing provisions as subsec. (b), and substituted introductory provisions of subsec. (b) for “Upon a determination by the Secretary concerned that 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, is unfit to perform the duties of his office, grade, rank, or rating because of physical disability incurred while entitled to basic pay, the member may be separated from his armed force, with severance pay computed under section 1212 of this title, if the Secretary also determines that—”.

    Enacted provision · exact public law section
    (c) Eligibility for Separation.— Section 1203 of title 10, United States Code, is amended by striking out the matter preceding paragraph (1) and inserting in lieu thereof the following: “(a) Separation.— Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in section 1201(c)(3) of this title, the member may be separated from the member’s armed force, with severance pay computed under section 1212 of this title, if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b). “(b) Required Determinations of Disability.— Determinations referred to in subsection (a) are determinations by the Secretary that—”.

13. 2008

    Wounded Warrior Act

    Pub. L. 110–181 div. A title XVI § 1641(b) · 122 Stat. 3

    Substituted · 10 U.S.C. § 1203(b)(4)(B)

    Pub. L. 110–181 substituted “, the member has six months or more of active military service, and the disability was not noted at the time of the member’s entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)” for “and the member has at least eight years of service computed under section 1208 of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–181 substituted “, the member has six months or more of active military service, and the disability was not noted at the time of the member’s entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)” for “and the member has at least eight years of service computed under section 1208 of this title”.

    Enacted provision · exact public law section
    (b) Separation of Regulars and Members on Active Duty for More Than 30 Days.— Section 1203(b)(4)(B) of such title is amended by striking “and the member has at least eight years of service computed under section 1208 of this title” and inserting “, the member has six months or more of active military service, and the disability was not noted at the time of the member’s entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)”.

14. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 727(b)(2) · 122 Stat. 4356

    1. Amended · 10 U.S.C. § 1203(b)(4)(B)

       Pub. L. 110–417, § 727(b)(2), as amended by Pub. L. 111–383, § 1075(e)(12)

    2. Substituted · 10 U.S.C. § 1203(b)(4)(B)

       Pub. L. 110–417, § 727(b)(2), as substituted “(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service)” for “(unless evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 110–417, § 727(b)(2), as amended by Pub. L. 111–383, § 1075(e)(12), substituted “(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service)” for “(unless evidence or medical judgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)”.

    Enacted provision · exact public law section
    (2) by striking “(unless compelling evidence” and all that follows through “active duty)” and inserting “(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service)”.

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(e)(12), Jan. 7, 2011, 124 Stat. 4375, provided that the amendment by section 1075(e)(12) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

15. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 727(b)(1) · 122 Stat. 4356

    Struck · 10 U.S.C. § 1203(b)(4)(B)

    Pub. L. 110–417, § 727(b)(1), struck out “the member has six months or more of active military service, and” before “the disability was not noted”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–417, § 727(b)(1), struck out “the member has six months or more of active military service, and” before “the disability was not noted”.

    Enacted provision · exact public law section
    (1) by striking “the member has six months or more of active military service, and”; and

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(e)(12), Jan. 7, 2011, 124 Stat. 4375, provided that the amendment by section 1075(e)(12) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

16. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 1075(e)(12) · 124 Stat. 4137

    Changed · 10 U.S.C. § 1203(b)(4)(B)

    Pub. L. 111–383, § 1075(e)(12), made technical amendment to directory language of Pub. L. 110–417, § 727(b)(2). See 2008 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 111–383, § 1075(e)(12), made technical amendment to directory language of Pub. L. 110–417, § 727(b)(2). See 2008 Amendment note below.

    Enacted provision · exact public law section
    (12) Effective as of October 14, 2008, and as if included in Public Law 110–417 as enacted, section 727(b)(2) is amended by striking “compelling”.

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(e)(12), Jan. 7, 2011, 124 Stat. 4375, provided that the amendment by section 1075(e)(12) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

17. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 1075(b)(19) · 124 Stat. 4137

    Substituted · 10 U.S.C. § 1203(b)(4)(B)

    Pub. L. 111–383, § 1075(b)(19), substituted “determination,” for “determination,,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–383, § 1075(b)(19), substituted “determination,” for “determination,,”.

    Enacted provision · exact public law section
    (19) Section 1203(b)(4)(B) is amended by striking “determination,,” and inserting “determination,”.

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(e)(12), Jan. 7, 2011, 124 Stat. 4375, provided that the amendment by section 1075(e)(12) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

20 of 21 references resolved to an enrolled provision · 1 partial