### **CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY**

Sec.
1201.
Regulars and members on active duty for more than 30 days: retirement.
1202.
Regulars and members on active duty for more than 30 days: temporary disability retired list.
1203.
Regulars and members on active duty for more than 30 days: separation.
1204.
Members on active duty for 30 days or less or on inactive-duty training: retirement.
1205.
Members on active duty for 30 days or less: temporary disability retired list.
1206.
Members on active duty for 30 days or less or on inactive-duty training: separation.
1206a.
Reserve component members unable to perform duties when ordered to active duty: disability system processing.
1207.
Disability from intentional misconduct or willful neglect: separation.
1207a.
Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions.
1208.
Computation of service.
1209.
Transfer to inactive status list instead of separation.
1210.
Members on temporary disability retired list: periodic physical examination; final determination of status.
1211.
Members on temporary disability retired list: return to active duty; promotion.
1212.
Disability severance pay.
1213.
Effect of separation on benefits and claims.
1214.
Right to full and fair hearing.
1214a.
Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation.
1215.
Members other than Regulars: applicability of laws.
1216.
Secretaries: powers, functions, and duties.
1216a.
Determinations of disability: requirements and limitations on determinations.
1217.
Academy cadets and midshipmen: applicability of chapter.
1218.
Discharge or release from active duty: claims for compensation, pension, or hospitalization.
1218a.
Discharge or release from active duty: transition assistance for reserve component members injured while on active duty.
1219.
Statement of origin of disease or injury: limitations.
[1220.
Repealed.]
1221.
Effective date of retirement or placement of name on temporary disability retired list.
1222.
Physical evaluation boards.

#### **Editorial Notes**

#### Amendments

**2011**—Pub. L. 112–81, div. A, title V, §527(c)(2), Dec. 31, 2011, 125 Stat. 1402, substituted "Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation" for "Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation" in item 1214a.

Pub. L. 111–383, div. A, title V, §534(a)(2), Jan. 7, 2011, 124 Stat. 4217, added item 1214a.

**2009**—Pub. L. 111–84, div. A, title VI, §641(b), Oct. 28, 2009, 123 Stat. 2365, added item 1218a.

**2008**—Pub. L. 110–181, div. A, title XVI, §1642(b), Jan. 28, 2008, 122 Stat. 465, added item 1216a.

**2006**—Pub. L. 109–364, div. A, title V, §597(a)(2), Oct. 17, 2006, 120 Stat. 2237, added item 1222.

**2004**—Pub. L. 108–375, div. A, title V, §§521(b), 555(b)(2), Oct. 28, 2004, 118 Stat. 1888, 1914, added item 1206a and substituted "Academy cadets and midshipmen: applicability of chapter" for "Cadets, midshipmen, and aviation cadets: chapter does not apply to" in item 1217.

**1999**—Pub. L. 106–65, div. A, title VI, §653(a)(2), Oct. 5, 1999, 113 Stat. 666, added item 1207a.

**1997**—Pub. L. 105–85, div. A, title V, §513(d)(3), Nov. 18, 1997, 111 Stat. 1731, inserted "or on inactive-duty training" after "Members on active duty for 30 days or less" in items 1204 and 1206.

**1986**—Pub. L. 99–661, div. A, title VI, §604(d)(4), Nov. 14, 1986, 100 Stat. 3876, struck out "; disability from injury" after "30 days or less" in items 1204, 1205, 1206.

**1962**—Pub. L. 87–651, title I, §107(e), Sept. 7, 1962, 76 Stat. 509, substituted "Discharge or release from active duty: claims for compensation, pension, or hospitalization" for "Explanation of rights before discharge" in item 1218, and "Statement of origin of disease or injury: limitations" for "Statement against interest void" in item 1219, and struck out item 1220 "Location of accredited representatives at military installations".

**1958**—Pub. L. 85–861, §1(28)(C), Sept. 2, 1958, 72 Stat. 1451, added item 1221.

**1957**—Pub. L. 85–56, title XXII, §2201(31)(B), June 17, 1957, 71 Stat. 161, eff. Jan. 1, 1958, added items 1218 to 1220.

#### **Statutory Notes and Related Subsidiaries**

#### Continuing Military Service for Certain Members Eligible for Chapter 61 Retirement

Pub. L. 118–31, div. A, title V, §529, Dec. 22, 2023, 137 Stat. 256, provided that:

"(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall prescribe regulations that authorize the Secretary of the military department concerned to authorize a covered member to continue to serve in the Armed Forces—

"(1) in the current military occupational specialty of such covered member, for which the covered member may not be deployable; or

"(2) in a military occupational specialty for which the covered member is deployable.

"(b) Rule of Construction.—A covered member who completes 20 years of service computed under section 1208 of title 10, United States Code shall not be denied any benefit—

"(1) for which the covered member is eligible under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs; and

"(2) solely on the basis that the covered member elected to continue to serve in the Armed Forces instead of taking retirement under chapter 61 of title 10, United States Code.

"(c) Covered Member Defined.—In this section, the term 'covered member' means a member of the Army, Navy, Air Force, Marine Corps, or Space Force—

"(1) whom the Secretary of the military department concerned determines possesses skill or experience vital to the Armed Force concerned;

"(2) who incurs a disability—

"(A) while eligible for special pay under section 310 of title 37, United States Code; and

"(B) that renders the member eligible for retirement under chapter 61 of title 10, United States Code; and

"(3) who seeks to continue to serve in the Armed Forces instead of taking such retirement."