Title 10 — Armed Forces
Part II · Chapter 1223 — Retired Pay for Non-Regular Service
§ 12731b. Special rule for members with physical disabilities not incurred in line of duty
Statutory text
In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.
Notification under subsection (a) may not be made if—
the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
the disability was incurred during a period of unauthorized absence.
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.
Pub. L. 106–65 div. A title VI § 653(b)(1) · 113 Stat. 512
Enacted · 10 U.S.C. § 12731b
(Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), Oct. 5, 1999, 113 Stat. 666.)
Source evidence
Code source credit
(Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), Oct. 5, 1999, 113 Stat. 666.)Enacted provision · exact public law section
(1) Chapter 1223 of such title is amended by inserting after section 12731a the following new section: “§ 12731b. Special rule for members with physical disabilities not incurred in line of duty “(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title. “(b) Notification under subsection (a) may not be made if— “(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or “(2) the disability was incurred during a period of unauthorized absence”.
1 of 1 references resolved to an enrolled provision
Credits
(Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), , 113 Stat. 666.)