Title 10 — Armed Forces
Part II · Chapter 61 — Retirement or Separation for Physical Disability
§ 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement
Statutory text
Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability, the Secretary may retire the member with retired pay computed under section 1401 of this title, if the Secretary also determines that—
based upon accepted medical principles, the disability is of a permanent nature and stable;
the disability—
was incurred before , as the proximate result of—
performing active duty or inactive-duty training;
traveling directly to or from the place at which such duty is performed; or
an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence;
is a result of an injury, illness, or disease incurred or aggravated in line of duty after —
while performing active duty or inactive-duty training;
while traveling directly to or from the place at which such duty is performed; or
while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or
is a result of an injury, illness, or disease incurred or aggravated in line of duty—
while the member was serving on funeral honors duty under section 12503 of this title or section 115 of title 32;
while the member was traveling to or from the place at which the member was to so serve; or
while the member remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence;
the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and
either—
the member has at least 20 years of service computed under section 1208 of this title; or
the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 93 · 70A Stat. 93
Enacted · 10 U.S.C. § 1204
Aug. 10, 1956, ch. 1041, 70A Stat. 93
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 93Department of Defense Authorization Act, 1986
Pub. L. 99–145 title V § 513(a)(1)(A) · 99 Stat. 583
Inserted · 10 U.S.C. § 1204(1)
Pub. L. 99–145 inserted “and stable” after “permanent nature”
Source evidence
Code amendment note
Par. (1). Pub. L. 99–145 inserted “and stable” after “permanent nature”.Enacted provision · exact public law section
(A) Sections 1201(1) and 1204(1) are amended by inserting 10 USC 1201, 1204. “and stable” after “permanent nature”.National Defense Authorization Act for Fiscal Year 1987
Pub. L. 99–661 div. A title VI § 604(d)(1) · 100 Stat. 3816
Struck · 10 U.S.C. § 1204
Pub. L. 99–661 struck out “; disability from injury” after “30 days or less” in section catchline and “resulting from an injury” after “because of physical disability” in provisions preceding par. (1)
Source evidence
Code amendment note
Pub. L. 99–661 struck out “; disability from injury” after “30 days or less” in section catchline and “resulting from an injury” after “because of physical disability” in provisions preceding par. (1).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. § 1204(4)(B)
Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.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).National Defense Authorization Act for Fiscal Year 1993
Pub. L. 102–484 div. A title V § 516(a) · 106 Stat. 2315
Inserted · 10 U.S.C. § 1204(2)
Pub. L. 102–484 inserted before semicolon at end “or of traveling directly to or from the place at which such duty is performed”
Source evidence
Code amendment note
Par. (2). Pub. L. 102–484 inserted before semicolon at end “or of traveling directly to or from the place at which such duty is performed”.Enacted provision · exact public law section
(a) Conformance With Other Provisions of Law.— Sections 1204(2) and 1206(4) of title 10, United States Code, are amended by inserting after “inactive-duty training” the following: “or of traveling directly to or from the place at which such duty is performed”.Effective date note
Pub. L. 102–484, div. A, title V, § 516(b), Oct. 23, 1992, 106 Stat. 2407, provided that: “The amendments made by subsection (a) [amending this section and section 1206 of this title] shall take effect with respect to disabilities incurred on or after November 14, 1986, but any benefits or services payable by reason of the applicability of those amendments during the period beginning on November 14, 1986, and ending on the date of the enactment of this Act [Oct. 23, 1992] shall be subject to the availability of appropriations.”National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 div. A title V § 534 · 110 Stat. 2422
Amended · 10 U.S.C. § 1204(2)
Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of performing active duty or inactive-duty training or of traveling directly to or from the place at which such duty is performed;”
Source evidence
Code amendment note
Par. (2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of performing active duty or inactive-duty training or of traveling directly to or from the place at which such duty is performed;”.Enacted provision · exact public law section
SEC. 534. ELIGIBILITY OF RESERVES FOR DISABILITY RETIREMENT. Paragraph (2) of section 1204 of title 10, United States Code, is amended to read as follows: “(2) the disability is the proximate result of, or was incurred in line of duty after the date of the enactment of this Act as a result of— “(A) performing active duty or inactive-duty training; “(B) traveling directly to or from the place at which such duty is performed; or “(C) an injury, illness, or disease incurred or aggravated while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive duty training, if the site is outside reasonable commuting distance of the member’s residence;”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 513(d)(1) · 111 Stat. 1629
Amended · 10 U.S.C. § 1204
Pub. L. 105–85, § 513(d)(1), amended section catchline generally
Inserted · 10 U.S.C. § 1204
Pub. L. 105–85, § 513(d)(1), inserting “or on inactive-duty training” after “30 days or less”
Source evidence
Code amendment note
Pub. L. 105–85, § 513(d)(1), amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”.Enacted provision · exact public law section
(1) The heading of section 1204 of title 10, United States Code, is amended to read as follows: “§ 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 513(c)(1) · 111 Stat. 1629
Amended · 10 U.S.C. § 1204(2)
Pub. L. 105–85, § 513(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of, or was incurred in line of duty after the date of the enactment of this Act as a result of—
Source evidence
Code amendment note
Par. (2). Pub. L. 105–85, § 513(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of, or was incurred in line of duty after the date of the enactment of this Act as a result of—“(A) performing active duty or inactive-duty training; “(B) traveling directly to or from the place at which such duty is performed; or “(C) an injury, illness, or disease incurred or aggravated while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive duty training, if the site is outside reasonable commuting distance of the member’s residence;”.
Enacted provision · exact public law section
(1) Section 1204(2) of such title is amended to read as follows: “(2) the disability— “(A) was incurred before September 24, 1996, as the proximate result of— “(i) performing active duty or inactive-duty training; “(ii) traveling directly to or from the place at which such duty is performed; or “(iii) an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence; or “(B) is a result of an injury, illness, or disease incurred or aggravated in line of duty after September 23, 1996— “(i) while performing active duty or inactive-duty training; “(ii) while traveling directly to or from the place at which such duty is performed; or “(iii) while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence;”.Pub. L. 106–65 div. A title V § 578(i)(3) · 113 Stat. 512
Added · 10 U.S.C. § 1204(2)(C)
Pub. L. 106–65 added subpar. (C)
Source evidence
Code amendment note
Par. (2)(C). Pub. L. 106–65 added subpar. (C).Enacted provision · exact public law section
(3) Section 1204(2) of such title is amended— (A) by striking “or” at the end of subparagraph (A); (B) by inserting “or” after the semicolon at the end of subparagraph (B); and (C) by adding at the end the following new subparagraph: “(C) is a result of an injury, illness, or disease incurred or aggravated in line of duty— “(i) while the member was serving on funeral honors duty under section 12503 of this title or section 115 of title 32; “(ii) while the member was traveling to or from the place at which the member was to so serve; or “(iii) while the member remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence;”.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 div. A title V § 513(b) · 115 Stat. 1012
Struck · 10 U.S.C. § 1204(2)(B)(iii)
Pub. L. 107–107, struck out “, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence” before semicolon
Source evidence
Code amendment note
Par. (2)(B)(iii). Pub. L. 107–107, struck out “, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence” before semicolon.Enacted provision · exact public law section
(b) Eligibility for Disability Retirement or Separation.— Sections 1204(2)(B)(iii) and 1206(2)(B)(iii) of title 10, United States Code, are each amended by striking “, if the” and all that follows through “member’s residence”.
9 of 11 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1204 | 37:271(a).37:272(c) (less clause (5), and less last proviso).37:272(f) (as applicable to 37:272(c)). | Oct. 12, 1949, ch. 681, §§ 401(a), 402(c) (less clause (5), and less last proviso), 402(f) (as applicable to § 402(c)), 63 Stat. 816, 817, 820. |
37:271(a) is omitted as surplusage. As it relates to retirement it is only a statement of the general coverage of the retirement sections of this chapter. As it relates to separation it is only a statement of the general coverage of the separation sections of this chapter. The words “a member * * * not covered by section 1201, 1202, or 1203 of this title” are substituted for the words “a member * * * other than those members covered in subsections (a) and (b) of this section”. The words “if the Secretary also determines that” are substituted for the words “That if condition (5) above is met by a finding that”, in 37:272(c). The words “of such member”, “upon retirement”, and “to receive”, in 37:272(c), are omitted as surplusage.
In clause (1), the words “based upon accepted medical principles” are inserted as a necessary implication of the rule stated in 37:272(c)(5).
In clause (2), the word “disability” is substituted for the word “injury” to make clear, in view of 37:278, that members on active duty for 30 days or less are on the same footing as those on active duty for a longer period, with respect to the effect of misconduct or neglect.
In clause (3), the words “and was not incurred during a period of unauthorized absence” are inserted to conform to other revised sections of this chapter and because of section 1207 of this title. The words “full-time training duty, other full-time duty” are omitted as covered by the words “active duty”.
Clause (4)(A) is substituted for 37:272(f) (as applicable to 37:272(c)). 37:272(f) (proviso) is omitted as surplusage.
In clause (4)(B), the words “at the time of the determination” are substituted for the word “current”, in 37:272(c).
Editorial Notes
Amendments1985–2001 · 8 rounds
2001
Par. (2)(B)(iii). Pub. L. 107–107, struck out “, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence” before semicolon.
1999
Par. (2)(C). Pub. L. 106–65 added subpar. (C).
1997
Pub. L. 105–85, § 513(d)(1), amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”.
Par. (2). Pub. L. 105–85, § 513(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of, or was incurred in line of duty after the date of the enactment of this Act as a result of—
“(A) performing active duty or inactive-duty training;
“(B) traveling directly to or from the place at which such duty is performed; or
“(C) an injury, illness, or disease incurred or aggravated while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive duty training, if the site is outside reasonable commuting distance of the member’s residence;”.
1996
Par. (2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is the proximate result of performing active duty or inactive-duty training or of traveling directly to or from the place at which such duty is performed;”.
1992
Par. (2). Pub. L. 102–484 inserted before semicolon at end “or of traveling directly to or from the place at which such duty is performed”.
1989
Par. (4)(B). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
1986
Pub. L. 99–661 struck out “; disability from injury” after “30 days or less” in section catchline and “resulting from an injury” after “because of physical disability” in provisions preceding par. (1).
1985
Par. (1). Pub. L. 99–145 inserted “and stable” after “permanent nature”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–484, div. A, title V, § 516(b), , 106 Stat. 2407, provided that: “The amendments made by subsection (a) [amending this section and section 1206 of this title] shall take effect with respect to disabilities incurred on or after , but any benefits or services payable by reason of the applicability of those amendments during the period beginning on , and ending on the date of the enactment of this Act [] shall be subject to the availability of appropriations.”
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–661 applicable with respect to persons who, after , incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title.
Credits
1956–2001 · 9 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 93
- 1985Pub. L. 99–145, title V, § 513(a)(1)(A), , 99 Stat. 627
- 1986Pub. L. 99–661, div. A, title VI, § 604(d)(1), (2)(A), , 100 Stat. 3876
- 1989Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), , 103 Stat. 1602
- 1992Pub. L. 102–484, div. A, title V, § 516(a), , 106 Stat. 2407
- 1996Pub. L. 104–201, div. A, title V, § 534, , 110 Stat. 2521
- 1997Pub. L. 105–85, div. A, title V, § 513(c)(1), (d)(1), , 111 Stat. 1730, 1731
- 1999Pub. L. 106–65, div. A, title V, § 578(i)(3), , 113 Stat. 629
- 2001Pub. L. 107–107, div. A, title V, § 513(b), , 115 Stat. 1093.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 93; Pub. L. 99–145, title V, § 513(a)(1)(A), , 99 Stat. 627; Pub. L. 99–661, div. A, title VI, § 604(d)(1), (2)(A), , 100 Stat. 3876; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), , 103 Stat. 1602; Pub. L. 102–484, div. A, title V, § 516(a), , 106 Stat. 2407; Pub. L. 104–201, div. A, title V, § 534, , 110 Stat. 2521; Pub. L. 105–85, div. A, title V, § 513(c)(1), (d)(1), , 111 Stat. 1730, 1731; Pub. L. 106–65, div. A, title V, § 578(i)(3), , 113 Stat. 629; Pub. L. 107–107, div. A, title V, § 513(b), , 115 Stat. 1093.)