10 U.S.C. § 1201
10 U.S.C. § 1201
| HISTORICAL AND REVISION NOTES 1956 ACT | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1201 | 37:272(a) (less clause (5), and less 2d proviso). 37:272(b) (less clause (5), and less 2d and last provisos). 37:272(f) (less applicability to 37:272(c) and (e)). | Oct. 12, 1949, ch. 681, §402(a) (less clause (5), and less 2d proviso), (b) (less clause (5), and less 2d and last provisos), (f) (less applicability to §402(c) and (e)), 63 Stat. 816, 817, 820. |
| 1958 ACT | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1201 | [No source]. | [No source]. |
1962 ACTThe changes correct typographical errors.
EDITORIAL NOTES
AMENDMENTS2008-Subsec. (b)(3)(B)(i). Pub. L. 110-417 struck out "the member has six months or more of active military service and" before "the disability was not noted" and 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 compelling evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty)". Pub. L. 110-181 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "the member has at least eight years of service computed under section 1208 of this title;".1996- Pub. L. 104-201 added subsecs. (a) and (c), 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 Secretary may retire the member, with retired pay computed under section 1401 of this title, if the Secretary also determines that-". 1994- Pub. L. 103-337 substituted "10148(a)" for "270(b)" in introductory provisions.1989-Par. (3)(B). Pub. L. 101-189 substituted "Department of Veterans Affairs" for "Veterans' Administration".1985-Par. (1). Pub. L. 99-145inserted "and stable" after "permanent nature". 1980-Par. (3)(B)(iv). 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". Pub. L. 96-343 added cl. (iv).1978-Par. (3)(B)(iv). Pub. L. 95-377 added cl. (iv) which provided additional condition, 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.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. 85-861inserted "under section 270(b) of this title" after "(other than for training)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-201, div. A, title V, §572(d), Sept. 23, 1996, 110 Stat. 2533, provided that: "The amendments made by this section [amending this section and sections 1202 and 1203 of this title] shall take effect on the date of the enactment of this Act [Sept. 23, 1996] and shall apply with respect to physical disabilities incurred on or after such date."
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 effective Dec. 1, 1994, 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.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96-513effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513 set out as a note under section 101 of this title.
EFFECTIVE AND TERMINATION DATES OF 1978 AMENDMENTPub. L. 95-377, §3, Sept. 19, 1978, 92 Stat. 719, provided that the amendment made by that section is effective only for the period beginning Sept. 15, 1978, and ending Sept. 30, 1979.
PUBLIC HEALTH SERVICEAuthority vested by this chapter in "military departments", "the Secretary concerned", or "the Secretary of Defense" to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a(b) of Title 42, The Public Health and Welfare.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATIONAuthority vested by this chapter in "military departments", "the Secretary concerned", or "the Secretary of Defense" to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary's designee, see section 3071 of Title 33, Navigation and Navigable Waters.
EXECUTIVE DOCUMENTS
EXECUTIVE ORDER NO. 12239Ex. Ord. No. 12239, Sept. 21, 1980, 45 F.R. 62967, which related to suspension of certain promotion and disability separation limitations, was revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897, set out as a note under section 301 of Title 3, The President.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- rank
- The term "rank" means the order of precedence among members of the armed forces.
- rating
- The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).