II 

111TH CONGRESS 

1ST SESSION S. 1440 

To establish requirements applicable across the military departments for the 

retention in the Armed Forces of members who seek to remain in 

the Armed Forces following an injury or disability incurred in the line 

of duty in the Armed Forces. 

IN THE SENATE OF THE UNITED STATES 

JULY 10, 2009 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To establish requirements applicable across the military departments for the retention in the Armed Forces of 

members who seek to remain in the Armed Forces following an injury or disability incurred in the line of 

duty in the Armed Forces. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wounded Warrior Re5 tention Act of 2009’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 1440 IS

1 SEC. 2. UNIFORM REQUIREMENTS APPLICABLE TO THE RE2 TENTION IN THE ARMED FORCES OF MEM3 BERS SEEKING TO REMAIN IN THE ARMED 

4 FORCES FOLLOWING INJURY OR DISABILITY 

5 IN THE LINE OF DUTY. 

6 The retention in the Armed Forces of a member of 

7 the Armed Forces (including a member of the National 

8 Guard or Reserve) who seeks to remain in the Armed 

9 Forces following an injury or disability suffered or in10 curred in the line of duty in the Armed Forces shall be 

11 subject to the requirements as follows: 

12 (1) A member shall be considered for retention 

13 if the member has previously been deployed abroad 

14 in the Armed Forces. 

15 (2) A member shall be considered for retention 

16 if the member has served at least one year in the 

17 Armed Forces or such lesser period as the Secretary 

18 of the military department concerned shall prescribe 

19 for purposes of this section. 

20 (3) A member may be denied retention if— 

21 (A) the injury or disability of the member 

22 was incurred through the misconduct or willful 

23 negligence of the member, or during an unau24 thorized absence of the member; 

25 (B) the Secretary of the military depart26 ment concerned determines that the member 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 1440 IS

1 would not be able to work in a military environ2 ment without adversely affecting the member’s 

3 health, posing a risk to other members of the 

4 Armed Forces, or requiring undue loss of time 

5 for medical treatment; or 

6 (C) the Secretary of the military depart7 ment concerned determines that the member 

8 would be incapable of serving in the Armed 

9 Forces for at least one year after retention, or 

10 such shorter period after retention as the Sec11 retary of Defense shall prescribe for purposes of 

12 this section. 

13 (4) A member so retained who is unable to per14 form the duties of the military occupational specialty 

15 to which assigned when injured or disabled shall be 

16 assigned— 

17 (A) to limited duty within such military oc18 cupational specialty consistent with the mem19 ber’s capabilities; or 

20 (B) to retraining for assignment to a mili21 tary occupational specialty consistent with the 

22 member’s capabilities. 

23 (5) Any physical evaluation (including any fit24 ness test) of a member so retained shall take into 

25 appropriate account the nature and extent of the inVerDate Nov 24 2008 04:13 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1440.IS S1440

smartinez on DSKB9S0YB1PROD with BILLS
4 

•S 1440 IS

1 jury or disability of the member, and failure of com2 pletion of such a physical evaluation, alone, shall not 

3 disqualify a member for retention. 

4 (6) The retention of a member so retained shall 

5 not affect the eligibility of the member for promotion 

6 or assignment to specialized training necessary for 

7 advancement as a member of the Armed Forces as 

8 otherwise provided by law. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS