Title 10 — Armed Forces
Part II · Chapter 61 — Retirement or Separation for Physical Disability
§ 1206. Members on active duty for 30 days or less or on inactive-duty training: separation
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 member may be separated from his armed force, with severance pay computed under section 1212 of this title, if the Secretary also determines that—
the member has less than 20 years of service computed under section 1208 of this title;
the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty—
while—
performing active duty or inactive-duty training;
traveling directly to or from the place at which such duty is performed; or
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 is outside reasonable commuting distance of the member’s residence; or
while the member—
was serving on funeral honors duty under section 12503 of this title or section 115 of title 32;
was traveling to or from the place at which the member was to so serve; or
remained overnight at or in the vicinity of that place immediately before so serving;
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;
based upon accepted medical principles, the disability is or may be of a permanent nature; and
the disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and, in the case of a disability incurred before , was 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.
However, if the member is eligible for transfer to the inactive status list under section 1209 of this title, and so elects, he shall be transferred to that list instead of being separated.
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. 94 · 70A Stat. 94
Enacted · 10 U.S.C. § 1206
Aug. 10, 1956, ch. 1041, 70A Stat. 94
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 94National 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. § 1206
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. § 1206(4)
Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”
Source evidence
Code amendment note
Par. (4). 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. § 1206(4)
Pub. L. 102–484 inserted before period at end “or of traveling directly to or from the place at which such duty is performed”
Source evidence
Code amendment note
Par. (4). Pub. L. 102–484 inserted before period 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
Amendment by Pub. L. 102–484 effective with respect to disabilities incurred on or after Nov. 14, 1986, with any benefits or services payable by reason of applicability of that amendment during period beginning Nov. 14, 1986, and ending Oct. 23, 1992, subject to availability of appropriations, see section 516(b) of Pub. L. 102–484, set out as a note under section 1204 of this title.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 513(d)(2) · 111 Stat. 1629
Amended · 10 U.S.C. § 1206
Pub. L. 105–85, § 513(d)(2), amended section catchline generally
Inserted · 10 U.S.C. § 1206
Pub. L. 105–85, § 513(d)(2), inserting “or on inactive-duty training” after “30 days or less”
Source evidence
Code amendment note
Pub. L. 105–85, § 513(d)(2), amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”.Enacted provision · exact public law section
(2) The heading of section 1206 of such title is amended to read as follows: “§ 1206. Members on active duty for 30 days or less or on inactive-duty training: separation”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 513(c)(2) · 111 Stat. 1629
Added · 10 U.S.C. § 1206(2)(5)
Pub. L. 105–85, § 513(c)(2), added par. (2)
Redesignated · 10 U.S.C. § 1206(2)(5)
Pub. L. 105–85, § 513(c)(2), redesignated former pars. (2) to (4) as (3) to (5), respectively
Source evidence
Code amendment note
Pars. (2) to (5). Pub. L. 105–85, § 513(c)(2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.Enacted provision · exact public law section
(2) Section 1206 of such title is amended— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and (B) by inserting after paragraph (1) the following new paragraph (2): “(2) the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while— “(A) performing active duty or inactive-duty training; “(B) traveling directly to or from the place at which such duty is performed; or “(C) 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 is outside reasonable commuting distance of the member’s residence;”.Pub. L. 106–65 § 578(i)(4) · 113 Stat. 512
Amended · 10 U.S.C. § 1206(2)
Pub. L. 106–65, § 578(i)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while—
Source evidence
Code amendment note
Par. (2). Pub. L. 106–65, § 578(i)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while—“(A) performing active duty or inactive-duty training; “(B) traveling directly to or from the place at which such duty is performed; or “(C) 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 is outside reasonable commuting distance of the member’s residence;”.
Enacted provision · exact public law section
(4) Paragraph (2) of section 1206 of such title is amended to read as follows: “(2) the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty— “(A) while— “(i) performing active duty or inactive-duty training; “(ii) traveling directly to or from the place at which such duty is performed; or “(iii) 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 is outside reasonable commuting distance of the member’s residence; or “(B) while the member— “(i) was serving on funeral honors duty under section 12503 of this title or section 115 of title 32; “(ii) was traveling to or from the place at which the member was to so serve; or “(iii) 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;”.Pub. L. 106–65 § 653(c) · 113 Stat. 512
Inserted · 10 U.S.C. § 1206(5)
Pub. L. 106–65, § 653(c), inserted “, in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,” after “determination, and”
Source evidence
Code amendment note
Par. (5). Pub. L. 106–65, § 653(c), inserted “, in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,” after “determination, and”.Enacted provision · exact public law section
(c) Separation.— Section 1206(5) of such title is amended by inserting in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000," after “determination, and”.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 513(b) · 115 Stat. 1012
Struck · 10 U.S.C. § 1206(2)(B)(iii)
Pub. L. 107–107, § 513(b), struck out “, if the place is outside reasonable commuting distance from the member’s residence” before semicolon at end
Source evidence
Code amendment note
Par. (2)(B)(iii). Pub. L. 107–107, § 513(b), struck out “, if the place is outside reasonable commuting distance from the member’s residence” before semicolon at end.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”.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1048(c)(6) · 115 Stat. 1012
Substituted · 10 U.S.C. § 1206(5)
Pub. L. 107–107, § 1048(c)(6), substituted “October 5, 1999,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,”
Source evidence
Code amendment note
Par. (5). Pub. L. 107–107, § 1048(c)(6), substituted “October 5, 1999,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,”.Enacted provision · exact public law section
(6) Section 1206(5) is amended by striking “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,” and inserting “October 5, 1999,”.
10 of 12 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1206 | 37:272(c) (last proviso). | Oct. 12, 1949, ch. 681, § 402(c) (last proviso), 63 Stat. 818. |
To state fully in the revised section the rule contained in 37:272(c) (last proviso), the provisions of 37:272(c) (less clause (5), and less 1st proviso), and 272(f) (as applicable to 272(c)), also contained in section 1204 of this title, are repeated. The words “the member may be separated” are substituted for the words “the member concerned shall not be eligible for any disability retirement provided in this section, but may be separated for physical disability”.
Clause (1) is inserted for clarity, since a member who had over 20 years of service would qualify under section 1204 or 1205 of this title.
The last sentence of the revised section, relating to transfer to the inactive status list, is inserted for clarity because of section 1209 of this title.
Editorial Notes
Amendments1986–2001 · 6 rounds
2001
Par. (2)(B)(iii). Pub. L. 107–107, § 513(b), struck out “, if the place is outside reasonable commuting distance from the member’s residence” before semicolon at end.
Par. (5). Pub. L. 107–107, § 1048(c)(6), substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,”.
1999
Par. (2). Pub. L. 106–65, § 578(i)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while—
“(A) performing active duty or inactive-duty training;
“(B) traveling directly to or from the place at which such duty is performed; or
“(C) 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 is outside reasonable commuting distance of the member’s residence;”.
Par. (5). Pub. L. 106–65, § 653(c), inserted “, in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,” after “determination, and”.
1997
Pub. L. 105–85, § 513(d)(2), amended section catchline generally, inserting “or on inactive-duty training” after “30 days or less”.
Pars. (2) to (5). Pub. L. 105–85, § 513(c)(2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.
1992
Par. (4). Pub. L. 102–484 inserted before period at end “or of traveling directly to or from the place at which such duty is performed”.
1989
Par. (4). 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–484 effective with respect to disabilities incurred on or after , with any benefits or services payable by reason of applicability of that amendment during period beginning , and ending , subject to availability of appropriations, see section 516(b) of Pub. L. 102–484, set out as a note under section 1204 of this title.
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 · 7 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 94
- 1986Pub. L. 99–661, div. A, title VI, § 604(d)(1), (3), , 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
- 1997Pub. L. 105–85, div. A, title V, § 513(c)(2), (d)(2), , 111 Stat. 1731
- 1999Pub. L. 106–65, div. A, title V, § 578(i)(4), title VI, § 653(c), , 113 Stat. 629, 667
- 2001Pub. L. 107–107, div. A, title V, § 513(b), title X, § 1048(c)(6), , 115 Stat. 1093, 1226.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99–661, div. A, title VI, § 604(d)(1), (3), , 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. 105–85, div. A, title V, § 513(c)(2), (d)(2), , 111 Stat. 1731; Pub. L. 106–65, div. A, title V, § 578(i)(4), title VI, § 653(c), , 113 Stat. 629, 667; Pub. L. 107–107, div. A, title V, § 513(b), title X, § 1048(c)(6), , 115 Stat. 1093, 1226.)