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10 U.S.C. § 1213 (ARMED FORCES)
§ 1213. Effect of separation on benefits and claims
Unless a person who has received disability severance pay again becomes a member of an armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service, he is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation, under any law administered by one of those services or for it by another of those services. However, this section does not prohibit the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation or if a claim by him is allowed under any law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 511(44), Dec. 12, 1980, 94 Stat. 2924.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1213
37:280.
Oct. 12, 1949, ch. 681, § 410, 63 Stat. 823.
The words “a person who has received disability severance pay” are substituted for the words “Any former member who has been separated for physical disability from any of the uniformed services and paid disability severance pay”. The words “any payment * * * for” are substituted for the words “for any monetary obligation provided under any provision * * * on account of”. The words “this section does not prohibit” are substituted for the words “shall not operate to bar”. The words “the payment of money to * * * if the money was due him” are substituted for the words “from receiving or the service concerned from paying any moneys due and payable”. The words “valid”, “processed”, and “pursuant to any provisions of law” are omitted as surplusage.
heading: Amendments
text: 1980—Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.
1966—Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
heading: Repeals
text: The directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.
heading: Transfer of Functions
text: For transfer of functions of Public Health Service, see note set out under section 802 of this title.
10 U.S.C. § 1214 (ARMED FORCES)
§ 1214. Right to full and fair hearing
No member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 100.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1214
37:283 (less 1st 17 words).
Oct. 12, 1949, ch. 681, § 413 (less 1st 17 words), 63 Stat. 825.
The words “including regulations” are omitted as covered by section 1216(a) of this title.
10 U.S.C. § 1215 (ARMED FORCES)
§ 1215. Members other than Regulars: applicability of laws
The laws and regulations that entitle any retired member of a regular component of the armed forces to pay, rights, benefits, or privileges extend the same pay, rights, benefits, or privileges to any other member of the armed forces who is not a member of a regular component and who is retired, or to whom retired pay is granted, because of physical disability.
(Aug. 10, 1956, ch. 1041, 70A Stat. 100.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1215
37:272(i).
Oct. 12, 1949, ch. 681, § 402(i), 63 Stat. 820.
The words “is retired, or to whom retired pay is granted” are substituted for the words “heretofore or hereafter retired or granted retirement pay”. The words “any other member of the armed forces” are substituted for the words “all members of the reserve components”, since the words “reserve components” are defined by section 102(k) of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)), to include members appointed, enlisted, or inducted without component.
10 U.S.C. § 1216a (ARMED FORCES)
§ 1216a. Determinations of disability: requirements and limitations on determinations
(a) Utilization of VA Schedule for Rating Disabilities in Determinations of Disability.—
(1) In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned—
(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.
(b) Consideration of All Medical Conditions.—
In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.
(Added Pub. L. 110–181, div. A, title XVI, § 1642(a), Jan. 28, 2008, 122 Stat. 465.)
10 U.S.C. § 1217 (ARMED FORCES)
§ 1217. Academy cadets and midshipmen: applicability of chapter
(a) This chapter applies to cadets at the United States Military Academy, the United States Air Force Academy, and the United States Coast Guard Academy and midshipmen of the United States Naval Academy, but only with respect to physical disabilities incurred after October 28, 2004.
(b) Monthly cadet pay and monthly midshipman pay under section 203(c) of title 37 shall be considered to be basic pay for purposes of this chapter and the computation of retired pay and severance and separation pay to which entitlement is established under this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 85–861, § 33(a)(7), Sept. 2, 1958, 72 Stat. 1564; Pub. L. 108–375, div. A, title V, § 555(b)(1), Oct. 28, 2004, 118 Stat. 1914; Pub. L. 109–364, div. A, title X, § 1071(a)(6), Oct. 17, 2006, 120 Stat. 2398.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1217
[No source].
[No source].
The revised section is inserted to reflect the limited definition of the word “member” in section 102(b) of the Career Compensation Act of 1949 (37 U.S.C. 231(b)).
heading: 1958 Act
text: Aviation cadets were omitted from chapter 61 because Title IV of the Career Compensation Act of 1949 (formerly 37 U.S.C. 271 et seq.), which was the source law for this chapter, covered only members entitled to basic pay and it was believed that aviation cadets were not so entitled. However, the Comptroller General has ruled that aviation cadets are entitled to basic pay (30 Comp. Gen. 431). Accordingly, aviation cadets were covered by Title IV and should not be excepted from chapter 61.
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–364 substituted “October 28, 2004” for “the date of the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005”.
2004—Pub. L. 108–375 amended section catchline and text generally. Prior to amendment, text read as follows: “This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or to midshipmen of the Navy.”
1958—Pub. L. 85–861 struck out provisions which made chapter inapplicable to aviation cadets.
heading: Effective Date of 1958 Amendment
text: Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
10 U.S.C. § 1218a (ARMED FORCES)
§ 1218a. Discharge or release from active duty: transition assistance for reserve component members injured while on active duty
(a) Provision of Certain Information.—
Before a member of a reserve component described in subsection (b) is demobilized or separated from the armed forces, the Secretary of the military department concerned shall provide to the member the following information:
(1) Information on the availability of care and administrative processing through community based warrior transition units.
(2) Information on the location of the community based warrior transition unit located nearest to the permanent place of residence of the member.
(b) Covered Members.—
Subsection (a) applies to members of a reserve component who are injured while on active duty in the armed forces.
(Added Pub. L. 111–84, div. A, title VI, § 641(a), Oct. 28, 2009, 123 Stat. 2364.)
10 U.S.C. § 1219 (ARMED FORCES)
§ 1219. Statement of origin of disease or injury: limitations
A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid.
(Added Pub. L. 85–56, title XXII, § 2201(31)(A), June 17, 1957, 71 Stat. 160; amended Pub. L. 87–651, title I, § 107(c), Sept. 7, 1962, 76 Stat. 509.)
heading: Historical and Revision Notes
heading: 1962 Act
text: Sections 1218 and 1219 are restated, without substantive change, to conform to the style adopted for title 10.
heading: Amendments
text: 1962—Pub. L. 87–651 substituted “Statement of origin of disease or injury: limitation” for “Statement against interest void” in section catchline, and “A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid” for “No person in the Armed Forces may be required to sign a statement of any nature relating to the origin, incurrence, or aggravation of any disease or injury he may have. Any such statement against his own interest, whenever signed, is of no force and effect.”
heading: Effective Date
text: Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56, 71 Stat. 172.
10 U.S.C. § 1220 (ARMED FORCES)
[§ 1220. Repealed. Pub. L. 87–651, title I, § 107(d), Sept. 7, 1962, 76 Stat. 509]
text: Section, added Pub. L. 85–56, title XXII, § 2201(31)(A), June 17, 1957, 71 Stat. 161, related to location of accredited representatives at military installations.
10 U.S.C. § 1221 (ARMED FORCES)
§ 1221. Effective date of retirement or placement of name on temporary disability retired list
Notwithstanding section 8301 of title 5, the Secretary concerned may specify an effective date for the retirement of any member of the armed forces under this chapter, or for the placement of his name on the temporary disability retired list, that is earlier than the date provided for in that section.
(Added Pub. L. 85–861, § 1(28)(B), Sept. 2, 1958, 72 Stat. 1451; amended Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1221
5:47a(b).
Aug. 2, 1956, ch. 876, 70 Stat. 933.
Clause (2)(A) is omitted as unnecessary since the revised section applies to the armed forces, and the revised section is made applicable to the other uniformed services by sections 3 and 4 of the act enacting this revised section. Clause (2)(B) is omitted as covered by section 101(8) of this title and sections 3 and 4 of the act enacting this revised section.
heading: Amendments
text: 1966—Pub. L. 89–718 substituted “8301” for “47a”.
10 U.S.C. § 1252 (ARMED FORCES)
§ 1252. Age 64: permanent professors at academies
(a) Mandatory Retirement for Age.—
Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps covered by subsection (b) shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.
(b) Covered Officers.—
This section applies to the following officers:
(1) An officer who is a permanent professor or the director of admissions of the United States Military Academy.
(2) An officer who is a permanent professor at the United States Naval Academy.
(3) An officer who is a permanent professor or the registrar of the United States Air Force Academy.
(Added Pub. L. 109–163, div. A, title V, § 509(c)(1), Jan. 6, 2006, 119 Stat. 3230.)
10 U.S.C. § 1253 (ARMED FORCES)
§ 1253. Age 64: regular commissioned officers in general and flag officer grades; exception
(a) General Rule.—
Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps serving in a general or flag officer grade shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.
(b) Exception for Officers Serving in O–9 and O–10 Positions.—
In the case of an officer serving in a position that carries a grade above major general or rear admiral, the retirement under subsection (a) of that officer may be deferred—
(1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or
(2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.
(Added Pub. L. 109–364, div. A, title V, § 502(a), Oct. 17, 2006, 120 Stat. 2176.)
10 U.S.C. § 1255 (ARMED FORCES)
[§ 1255. Repealed. Pub. L. 90–130, § 1(6), Nov. 8, 1967, 81 Stat. 374]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 100; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, covered the retirement of female permanent regular warrant officers with 20 years of active service upon attaining age 55.
10 U.S.C. § 1275 (ARMED FORCES)
§ 1275. Computation of retired pay: law applicable
A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 101.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1275
[No source].
[No source].
The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.
10 U.S.C. § 1315 (ARMED FORCES)
§ 1315. Computation of retired pay: law applicable
A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 101.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1315
[No source].
[No source].
The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.
10 U.S.C. § 1331 (ARMED FORCES)
§ 1331. Reference to chapter 1223
Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731).
(Added Pub. L. 103–337, div. A, title XVI, § 1662(j)(7), Oct. 5, 1994, 108 Stat. 3005.)
heading: Prior Provisions
text: Prior sections 1331 to 1338 were renumbered sections 12731 to 12738 of this title, respectively.
10 U.S.C. § 1371 (ARMED FORCES)
§ 1371. Warrant officers: general rule
Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1371
10:600l(d) (1st sentence).
10:600l(f) (1st sentence, as applicable to retired grade).
34:430(d) (1st sentence).
May 29, 1954, ch. 249, § 14(d) (1st sentence), (f) (1st sentence, as applicable to retired grade), 68 Stat. 163, 164.
34:430(f) (1st sentence, as applicable to retired grade).
The first 13 words are substituted for 10:600l(f) (1st sentence, as applicable to retired grade) and 34:430 (1st sentence, as applicable to retired grade). The words “for a period of more than 30 days” are substituted for the words “under * * * orders specifying that the period of such duty shall be for a period in excess of thirty days or for an indefinite period”, to conform to the definition of those words in section 101(23) of this title. The words “any full time duty” are omitted, since the duty specified would necessarily be full time duty. The words “under this section” and “competent” are omitted as surplusage.
heading: Public Health Service
text: Authority 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 of Title 42, The Public Health and Welfare.
heading: National Oceanic and Atmospheric Administration
text: Authority 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.
10 U.S.C. § 1372 (ARMED FORCES)
§ 1372. Grade on retirement for physical disability: members of armed forces
Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.
(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, § 577, Sept. 23, 1996, 110 Stat. 2536.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1372
37:272(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos).
37:279 (less applicability to 37:272(d) (last proviso)).
Oct. 12, 1949, ch. 681, §§ 402(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos), 409 (less applicability to § 402(d) (last proviso)), 63 Stat. 818, 823.
Clause (1) is substituted for 37:272(d) (104th through 128th words, as applicable to retired grade). The words “if his name was not carried on that list” are substituted for the words “whichever is earlier”.
heading: Amendments
text: 1996—Pars. (3), (4). Pub. L. 104–201 substituted “a physical examination” for “his physical examination for promotion”.
10 U.S.C. § 1373 (ARMED FORCES)
§ 1373. Higher grade for later physical disability: retired officers recalled to active duty
Unless entitled to a higher retired grade under some other provision of law, a member of an armed force whose retired pay is computed under section 1402(d) or 1402a(d) of this title is entitled, upon his release from active duty, to the grade equivalent to the grade or rank upon which his retired pay is based under that section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 96–342, title VIII, § 813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1373
37:272(d) (last proviso, as applicable to retired grade).
37:279 (as applicable to 37:272(d) (last proviso)).
Oct. 12, 1949, ch. 681, §§ 402(d) (last proviso, as applicable to retired grade), 409 (as applicable to § 402(d) (last proviso)), 63 Stat. 819, 823.
The applicability of the rule stated in 37:279 to all members whose retired pay is computed under 37:272(d) (last proviso) is based on an opinion of the Judge Advocate General of the Army (JAGA 1953/3305, 24 Apr. 1953).
heading: Amendments
text: 1980—Pub. L. 96–342 inserted reference to section 1402a(d) of this title.
10 U.S.C. § 1374 (ARMED FORCES)
[§ 1374. Repealed. Pub. L. 103–337, div. A, title XVI, § 1662(k)(2), Oct. 5, 1994, 108 Stat. 3006]
text: Section, added Pub. L. 85–861, § 1(29), Sept. 2, 1958, 72 Stat. 1451; amended Pub. L. 86–559, § 1(4), June 30, 1960, 74 Stat. 265; Pub. L. 99–661, div. A, title V, § 508(d)(2), Nov. 14, 1986, 100 Stat. 3867, related to reserve commissioned officers’ grade on retirement or transfer to Retired Reserve. See sections 12771 to 12773 of this title.
heading: Effective Date of Repeal
text: Repeal 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.
10 U.S.C. § 1375 (ARMED FORCES)
§ 1375. Entitlement to commission: commissioned officers advanced on retired list
A commissioned officer of the Army, Navy, Air Force, or Marine Corps who is advanced on a retired list is entitled to a commission in the grade to which he is advanced.
(Aug. 10, 1956, ch. 1041, 70A Stat. 105.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1375
10:1014.
34:394.
Mar. 4, 1911, ch. 266, 36 Stat. 1354.
The words “has been or shall hereafter”, “by operation of or in accordance with law”, and “and shall receive” are omitted as surplusage. The words “in the grade to which he is advanced” are substituted for the words “in accordance with such advanced rank”.