I 
111TH CONGRESS 
1ST SESSION 
H. R. 296 
To amend title 10, United States Code, to revise the process by which 
a member of the Armed Forces is retired for disability and becomes 
eligible for retirement pay, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2009 
Mr. BUYER (for himself, Mr. BOOZMAN, Mr. ROONEY, Mr. STEARNS, and Ms. 
GINNY BROWN-WAITE of Florida) introduced the following bill; which 
was referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to revise the process 
by which a member of the Armed Forces is retired for 
disability and becomes eligible for retirement pay, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Armed Forces Dis-
ability Retirement Enhancement Act’’. 
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in accordance with section 1206e of this title) on or after 
the end of the one-year period beginning on the date of 
the enactment of the Armed Forces Disability Retirement 
Enhancement Act. 
‘‘(b) EXCLUSIVE APPLICATION.—Members eligible 
for retirement under this subchapter by reason of this sec-
tion are not eligible for retirement or separation under 
subchapter I. 
‘‘§ 1206b. Applicability of subchapter: certain mem-
bers retired on or after October 7, 2001, 
but before effective date of Armed Forces 
Disability Retirement Enhancement Act 
‘‘(a) ELECTION
OF APPLICABILITY.—(1) During 
such period as the Secretary of Defense shall prescribe 
for purposes of this section, a former member described 
in subsection (b) may elect to retire under this subchapter 
in lieu of retirement or separation under subchapter I. 
‘‘(2) Each election under this subsection shall be exe-
cuted in such form and manner as the Secretary of De-
fense shall prescribe for purposes of this section. 
‘‘(3) Any election made under this subsection is irrev-
ocable. 
‘‘(b) COVERED FORMER MEMBERS.—A former mem-
ber described in this subsection is any former member 
who, during the period beginning on October 7, 2001, and 
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ending on the day before the end of the one-year period 
beginning on the date of the enactment of the Armed 
Forces Disability Retirement Enhancement Act, is retired 
under the provisions of this chapter as in effect before the 
end of such period. 
‘‘(c) TREATMENT OF FORMER MEMBERS MAKING 
ELECTIONS.—(1) Effective as of the date of the correction 
of the military records of such former member under sub-
section (d), each former member who makes an election 
under subsection (a) shall be deemed to have been retired 
under this subchapter, with retirement pay computed 
under section 1401 of this title (as amended by the Armed 
Forces Disability Retirement Enhancement Act), rather 
than to have been retired under the provisions of sub-
chapter I. 
‘‘(2) No benefits are available to a former member 
under this subchapter for any period before the correction 
of the military records of the former member under sub-
section (d). 
‘‘(3) The Secretary of Defense may not recoup or col-
lect from any former member who is retired under this 
subchapter pursuant to an election under subsection (a) 
any amount of retirement pay paid to the former member 
under this chapter before the date of the effective date 
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of the correction of the military records of the former 
member under subsection (d). 
‘‘(d) CORRECTION
OF MILITARY RECORDS.—The 
Secretary concerned shall correct the military records of 
each former member making an election under subsection 
(a) to reflect that the former member is retired under the 
provisions of this subchapter rather than retired under the 
provisions of this chapter as in effect before the end of 
the one-year period beginning on the date of the enact-
ment of the Armed Forces Disability Retirement Enhance-
ment Act. 
‘‘§ 1206c. Applicability of subchapter: members on 
temporary disability retired list as of ef-
fective date of Armed Forces Disability 
Retirement Enhancement Act 
‘‘(a) ELECTION OF APPLICABILITY.—(1) A member 
described in subsection (b) may elect to retire under this 
subchapter in lieu of retirement under the provisions of 
subchapter I. 
‘‘(2) Each election under this subsection shall be exe-
cuted in such form and manner as the Secretary of De-
fense shall prescribe for purposes of this section. 
‘‘(3) Any election made under this subsection is irrev-
ocable. 
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‘‘(b) COVERED MEMBERS.—A member described in 
this subsection is any member— 
‘‘(1) whose name is on the temporary disability 
retired list as of the end of the one-year period be-
ginning on the date of the enactment of the Armed 
Forces Disability Retirement Enhancement Act; and 
‘‘(2)(A) whose disability qualifying the member 
for placement on the temporary disability retired list 
is determined after such period by the Secretary 
concerned, based on accepted medical principles, to 
be of a permanent nature and stable; or 
‘‘(B) whose disability is considered after such 
period by the Secretary concerned to be of a perma-
nent nature and stable after five years of the place-
ment of the member’s name on the temporary dis-
ability retired list in accordance with section 1210(b) 
of this title. 
‘‘(c) TIMING OF ELECTION.—A member eligible to 
make an election under subsection (a) by reason of a de-
termination under subparagraph (A) or (B) of subsection 
(b)(2) shall make such election, if at all, during such pe-
riod after the date of the determination as the Secretary 
of Defense shall prescribe for purposes of this section. 
‘‘(d) TREATMENT
OF MEMBERS MAKING ELEC-
TIONS.—(1) Effective as of the date of such election, each 
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member who makes an election under subsection (a) shall 
be retired under this subchapter, with retirement pay com-
puted under section 1401 of this title (as amended by the 
Armed Forces Disability Retirement Enhancement Act). 
‘‘(2) No benefits are available to a member under this 
subchapter for any period before the election of the mem-
ber under subsection (a). 
‘‘(3) The Secretary of Defense may not recoup or col-
lect from any member who is retired under this subchapter 
pursuant to an election under subsection (a) any amount 
of retirement pay paid to the member under this chapter 
before the date of the election of the member under sub-
section (a). 
‘‘§ 1206d. Retirement 
‘‘(a) IN GENERAL.—Upon a determination by the 
Secretary concerned that a member covered by this sub-
chapter under section 1206a of this title is unfit to per-
form the duties of the member’s office, grade, rank, or 
rating because of disability, the Secretary may, consistent 
with regulations prescribed by the Secretary of Defense 
for purposes of this subchapter, retire the member, with 
retirement pay computed under section 1401 of this title 
(as amended by the Armed Forces Disability Retirement 
Enhancement Act) if the Secretary concerned also makes 
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the determinations specified in subsection (b) with respect 
to the member. 
‘‘(b) DETERMINATIONS.—The determinations speci-
fied in this subsection with respect to a member are deter-
minations by the Secretary concerned as follows: 
‘‘(1) That the disability of the member, based 
upon accepted medical principles— 
‘‘(A) is of a permanent nature; or 
‘‘(B) is of uncertain permanency, such that 
a temporary disability retirement under section 
1206e of this title is appropriate. 
‘‘(2) That the injury, illness, or disease ren-
dering the member unfit was incurred or aggravated 
in the line of duty— 
‘‘(A) while the member was entitled to 
basic pay under section 204 of title 37 or com-
pensation under section 206 of that title; 
‘‘(B) while performing active duty but not 
entitled to basic pay under section 204 of title 
37 or inactive-duty training; or 
‘‘(C) while engaged in an activity covered 
by 
section 
1201(c)(3), 
1204(2)(B), 
or 
1204(2)(C) of this title. 
‘‘(3) That the injury, illness, or disease was 
not— 
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‘‘(A) the result of the member’s intentional 
misconduct or willful neglect; or 
‘‘(B) incurred during a period of unauthor-
ized absence. 
‘‘§ 1206e. Temporary disability retired list 
‘‘(a) IN GENERAL.—Subject to the provisions of this 
section, a member covered by section 1206d(b) of this title 
who is described by paragraph (1)(B) of such section shall 
have such member’s name placed on the temporary dis-
ability retired list, with retirement pay computed under 
section 1401 of this title (as amended by the Armed 
Forces Disability Retirement Enhancement Act). 
‘‘(b) ADMINISTRATION.—(1) Subsection (a) shall be 
administered in accordance with such regulations as the 
Secretary of Defense shall prescribe for purposes of this 
section. 
‘‘(2)(A) Except as provided in subparagraph (B), the 
regulations prescribed under this subsection shall provide 
for the applicability of the provisions of sections 1210 and 
1211 of this title to a member whose name is placed on 
the temporary disability retired list under this section. 
‘‘(B) The provisions of subsections (c), (d), and (e) 
of section 1210 of this title shall not apply to a member 
whose name is placed on the temporary disability retired 
list under this section. 
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‘‘(3)(A) The regulations shall provide for appropriate 
mechanisms, applicable uniformly across the military de-
partments, for an annual review by the military depart-
ments of determinations to place members’ names on the 
temporary disability retired list under this section in order 
to ensure the accuracy and consistency of such determina-
tions by the military departments. 
‘‘(B) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives each year a report on the results 
of the reviews conducted by the military departments 
under subparagraph (A) during the preceding year. 
‘‘(c) RETIREMENT.—If, as a result of a periodic ex-
amination under section 1210(a) of this title or upon a 
final determination under section 1210(b) of this title, it 
is determined that a member’s disability is of a permanent 
nature, the member’s name shall be removed from the 
temporary disability retired list, and the member shall be 
retired under section 1206d of this title. 
‘‘§ 1206f. Treatment of retirement pay 
‘‘(a) IN GENERAL.—Retirement pay authorized by 
this subchapter shall be treated as retirement pay for all 
purposes under this title, including for purposes of eligi-
bility for medical and dental care under chapter 55 of this 
title. 
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‘‘(b) NO OFFSET UNDER DUPLICATION OF BENE-
FITS.—Retirement pay authorized by this subchapter is 
not subject to the prohibitions against duplication of bene-
fits under sections 5304 and 5305 of title 38. 
‘‘(c) INELIGIBILITY FOR COMBAT-RELATED SPECIAL 
COMPENSATION.—A member retired under this sub-
chapter is not eligible for combat-related special com-
pensation under section 1413a of this title. 
‘‘(d) INELIGIBILITY FOR CERTAIN SPACE-AVAILABLE 
TRAVEL.—A member retired under this subchapter resid-
ing in a Commonwealth or possession of the United States 
is not eligible for space-available travel on Department of 
Defense aircraft under section 2461b of this title. 
‘‘§ 1206g. Determinations of unfitness 
‘‘(a) IN GENERAL.—In this subchapter, a finding of 
unfitness for duty with respect to a member shall be based 
on determinations by the Secretary concerned that— 
‘‘(1) the member is unfit to perform the duties 
of the member’s office, grade, rank, or rating be-
cause of a disability; and 
‘‘(2) it is unlikely that through retraining in an-
other occupational specialty or other preparations 
the member can be reassigned to other duties the 
member would be fit to perform and which are con-
sistent with the needs of the armed force concerned. 
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‘‘(b) INTERSERVICE TRANSFER.—With the consent 
of a member determined unfit for duty under subsection 
(a), the member may, instead of being retired under this 
subchapter, be transferred under section 716 of this title 
to another uniformed service if the Secretary responsible 
for that uniformed service determines that the member, 
currently or through retraining in another occupational 
specialty or other preparations, can be reassigned to other 
duties the member would be fit to perform and which are 
consistent with the needs of that uniformed service. 
‘‘(c) CONTINUATION OF SERVICE OF MEMBER DE-
TERMINED UNFIT.—Upon the agreement of a member de-
termined unfit for duty under subsection (a) and the Sec-
retary concerned, the member’s service may be continued 
under terms and conditions specified by the Secretary con-
cerned, including through transfer to another uniformed 
service under section 716 of this title. 
‘‘SUBCHAPTER III—ADMINISTRATIVE 
MATTERS’’. 
(b) DEFINITION OF DISABILITY.— 
(1) DEFINITION.—Chapter 61 of such title is 
further amended by inserting after section 1219, the 
following new section: 
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‘‘§ 1220. Definition of disability 
‘‘In this chapter, the term ‘disability’ includes phys-
ical disabilities and disabilities based on mental dis-
orders.’’. 
(2) CONFORMING AMENDMENTS.—Such chapter 
is further amended— 
(A) in section 1201(a), by striking ‘‘phys-
ical disability’’ and inserting ‘‘disability’’; 
(B) in section 1203(a), by striking ‘‘phys-
ical disability’’ and inserting ‘‘disability’’; 
(C) in section 1204, by striking ‘‘physical 
disability’’ and inserting ‘‘disability’’; 
(D) in section 1206, by striking ‘‘physical 
disability’’ and inserting ‘‘disability’’; 
(E) in section 1207, by striking ‘‘physical 
disability’’ and inserting ‘‘disability’’; 
(F) in section 1210, by striking ‘‘physical 
disability’’ each place it appears and inserting 
‘‘disability’’; 
(G) in subparagraphs (C) and (D) of sec-
tion 1212(a)(2), by striking ‘‘physical dis-
ability’’ and inserting ‘‘disability’’; 
(H) in section 1214, by striking ‘‘physical 
disability’’ and inserting ‘‘disability’’; 
(I) in section 1215, by striking ‘‘physical 
disability’’ and inserting ‘‘disability’’; 
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(J) in section 1217(a), by striking ‘‘phys-
ical disabilities’’ and inserting ‘‘disabilities’’; 
and 
(K) in section 1218(a), by striking ‘‘phys-
ical disability’’ and inserting ‘‘disability’’. 
(c) CLERICAL AMENDMENTS.—Chapter 61 of such 
title is further amended— 
(1) by striking the table of sections; 
(2) by inserting after the chapter heading the 
following: 
‘‘Subchapter 
Sec.
‘‘I. Former Process for Retirement or Separation of Members for Dis-
ability ............................................................................ 1200
‘‘II. Revised Process for Retirement of Members for Disability ..............1206a
‘‘III. Administrative Matters .................................................................... 1207’’; 
(3) by inserting after the subchapter heading 
for subchapter I, as added by subsection (a)(1) of 
this section, the following: 
‘‘Sec. 
‘‘1200. Applicability of subchapter: members retired or separated before effective 
date of Armed Forces Disability Retirement Enhancement Act; 
certain members on temporary disability retired list as of effec-
tive date. 
‘‘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 or on inactive-duty training: 
temporary disability retired list. 
‘‘1206. Members on active duty for 30 days or less or on inactive-duty training: 
separation.’’; 
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(4) by inserting after the subchapter heading 
for subchapter II, as added by subsection (a)(3) of 
this section, the following: 
‘‘Sec. 
‘‘1206a. Applicability of subchapter: members retired on or after effective date 
of Armed Forces Disability Retirement Enhancement Act. 
‘‘1206b. Applicability of subchapter: certain members retired on or after October 
7, 2001, but before effective date of Armed Forces Disability 
Retirement Enhancement Act. 
‘‘1206c. Applicability of subchapter: members on temporary disability retired list 
as of effective date of Armed Forces Disability Retirement En-
hancement Act. 
‘‘1206d. Retirement. 
‘‘1206e. Temporary disability retired list. 
‘‘1206f. Treatment of retirement pay. 
‘‘1206g. Determinations of unfitness.’’; 
and 
(5) by inserting after the subchapter heading 
for subchapter III, as added by subsection (a)(3) of 
this section, the following: 
‘‘Sec. 
‘‘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. 
‘‘1207b. Reserve component members unable to perform duties when ordered to 
active duty: disability system processing. 
‘‘1208. Computation of service. 
‘‘1209. Transfer to inactive status list instead of separation. 
‘‘1210. Members on temporary disability retired list: periodic physical examina-
tion; final determination of status. 
‘‘1211. Members on temporary disability retired list: return to active duty; pro-
motion. 
‘‘1212. Disability severance pay. 
‘‘1213. Effect of separation on benefits and claims. 
‘‘1214. Right to full and fair hearing. 
‘‘1215. Members other than Regulars: applicability of laws. 
‘‘1216. Secretaries: powers, functions, and duties. 
‘‘1217. Academy cadets and midshipmen: applicability of chapter. 
‘‘1218. Discharge or release from active duty: claims for compensation, pension, 
or hospitalization. 
‘‘1219. Statement of origin of disease or injury: limitations. 
‘‘1220. Definition of disability. 
‘‘1221. Effective date of retirement or placement of name on temporary dis-
ability retired list.’’. 
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(d) ELIGIBILITY FOR DISABILITY RETIREMENT FOR 
PRE-EXISTING CONDITION AFTER EIGHT YEARS
OF 
SERVICE.—Section 1207a(a) of title 10, United States 
Code, is amended by striking ‘‘or 1203’’ and inserting 
‘‘1203, 1206b, 1206c, 1206d, or 1206e’’. 
(e) COMPUTATION OF RETIREMENT PAY.—The table 
in section 1401(a) of title 10, United States Code, is 
amended by inserting after the matter relating to Formula 
2 the following matter: 
‘‘3 
1206b 
Retired pay base 
21⁄2% of years of service 
1206c 
as computed 
credited to the person 
1206d 
under section 
under section 1208.1’’. 
1206e 
1406(b) or 
1407. 
(f) CONFORMING AMENDMENTS RELATING TO RE-
TIREMENT PAY.— 
(1) RECOMPUTATION OF RETIREMENT PAY TO 
REFLECT LATER ACTIVE DUTY.—Sections 1402(b) 
and 1402a(b) of title 10, United States Code, are 
each amended by striking ‘‘chapter 61 of this title’’ 
and inserting ‘‘subchapter I of chapter 61 of this 
title’’. 
(2) RETIREMENT PAY BASE FOR MEMBERS RE-
TIRED BEFORE SEPTEMBER 8, 1980.—The items in 
the column in the table in section 1406(b)(1) of such 
title designated ‘‘For a member entitled to retire-
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ment pay under section:’’ are amended to read as 
follows: 
‘‘1201 
1202 
1204 
1205 
1206b 
1206c 
1206d 
1206e’’. 
(3) RETIREMENT PAY BASE FOR MEMBERS RE-
TIRED AFTER SEPTEMBER 7, 1980.—Section 1407 of 
such title is amended— 
(A) in subsection (c)— 
(i) in paragraph (1), by striking 
‘‘other than section 1204 or 1205 or sec-
tion 12731 of this title’’ and inserting 
‘‘(other than section 1204, 1205, or 12731 
of this title, or section 1206b, 1206c, 
1206d, or 1206e of this title for nonreg-
ular service)’’; 
(ii) in paragraph (2), by inserting ‘‘, 
or under section 1206b, 1206c, 1206d, or 
1206e of this title for regular service,’’ 
after ‘‘section 1201 or 1202 of this title’’; 
and 
(iii) in paragraph (3)— 
(I) by striking ‘‘section 1201 or 
1202’’ and inserting ‘‘section 1201, 
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1202, 
1206b, 
1206c, 
1206d, 
or 
1206e’’; and 
(II) by inserting ‘‘or under sec-
tion 1206b, 1206c, 1206d, or 1206e 
of this title for nonregular service’’ 
before the period; and 
(B) in subsection (d)— 
(i) in paragraph (2), by inserting ‘‘, or 
under section 1206b, 1206c, 1206d, or 
1206e of this title for nonregular service,’’ 
after ‘‘section 1204 or 1205 of this title’’; 
and 
(ii) in paragraph (3), inserting ‘‘, or 
under section 1206, 1206c, 1206d, or 
1206e of this title for nonregular service,’’ 
after ‘‘section 1204 or 1205 of this title’’. 
(4) GRADE ON RETIREMENT FOR DISABILITY.— 
Section 1372 of such title is amended— 
(A) by striking ‘‘section 1201 or 1204’’ 
and inserting ‘‘section 1201, 1204, 1206b, 
1206c, or 1206d’’; and 
(B) by striking ‘‘section 1202 or 1205’’ 
and inserting ‘‘section 1202, 1205, or 1206e’’. 
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SEC. 3. CONTINUATION OF RESPITE CARE AND AID AND 
OTHER 
EXTENDED 
CARE 
BENEFITS 
FOR 
MEMBERS OF THE UNIFORMED SERVICES 
WHO INCUR A SERIOUS INJURY OR ILLNESS 
ON ACTIVE DUTY. 
Section 1074(c)(4) of title 10, United States Code, 
is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B): 
‘‘(B) Coverage for a member under this paragraph 
may continue for such period after the discharge or sepa-
ration of the member from active duty as the Secretary 
considers appropriate.’’. 
SEC. 4. EXPANDED AVAILABILITY AND USE OF DEPART-
MENT OF LABOR TRANSITION ASSISTANCE 
PROGRAM FOR SEPARATING MEMBERS OF 
THE ARMED FORCES. 
(a) PARTICIPATION OF MEMBERS.—Section 1144 of 
title 10, United States Code, is amended— 
(1) in subsection (a)(1), by striking the second 
sentence and inserting the following new sentences: 
‘‘When services under the program are provided as 
part of preseparation counseling under section 
1142(a) of this title, the services shall be provided 
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to the member within the time periods provided 
under paragraph (3) of such section. Paragraph (4) 
of such section shall apply with respect to deter-
mining the eligibility of members and their spouses 
for services under the program.’’; and 
(2) in subsection (c), by striking ‘‘encourage 
and otherwise promote maximum participation by 
members of the armed forces eligible for assistance 
under’’ and inserting ‘‘require members of the 
armed forces described in subsection (a)(1) to par-
ticipate in’’. 
(b) CROSS REFERENCE IN PRESEPARATION COUN-
SELING PROVISION.—Section 1142(a) of such title is 
amended by striking paragraph (2) and inserting the fol-
lowing new paragraph: 
‘‘(2) In carrying out this section, the Secretary con-
cerned shall— 
‘‘(A) utilize the services available under the 
transition assistance program required by section 
1144 of this title; and 
‘‘(B) require members under the jurisdiction of 
the Secretary who are undergoing preseparation 
counseling to participate in the program.’’. 
Æ 
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