An Act to amend section 5202 of title 10, United States Code, relating to the detail, pay, and succession to duties of the Assistant Commandant of the Marine Corps and to amend title 10 of the United States Code in order to make certain disability retirement determinations by the Secretaries of the military departments subject to review by the Secretary of Defense.
PL 94-225 (S.2117), enacted 03/04/1976

90 STAT. 202 
PUBLIC LAW 94-225—MAR. 4, 1976 
Mar. 4, 1976 
[S. 2117] 
Armed Forces. 
Marine Corps, 
Assistant 
Commandant. 
Repeal. 
Disability 
retirement, 
review. 
10 use 1201. 
10 use 1202. 
10 use 1203. 
10 use 1216 
note. 
Public Law 94-225 
94th Congress 
^2R-4-
;*^l 
An Act 
To amend section 5202 of title 10, United States Oode, relating to the detail, pay, 
and succession to duties of the Assistant Commandant of the Marine Corps 
and to amend title 10 of the United States Code in order to make certain dis-
ability retirement determinations by the Secretaries of the military depart-
ments subject to review l)y the Secretary of Defense. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) subsection 
(d) of section 5202 of title 10, United States Code, is amended by strik-
ing out the colon after the word "Senate" and all that follows down 
through the word "appointment". 
(b) Subsection (e) of section 5202 of such title is repealed. 
SEC. 2. (a) Section 1216 of title 10, United States Code, is amended— 
(1) by striking out "The Secretary" in subsection (b) and 
inserting in lieu thereof "Except as provided in subsection (d) 
of this section, the Secretary"; and 
(2) by adding at the end thereof the following new subsection: 
"(d) The Secretary concerned may not, with respect to any member 
who is in pay grade 0 - 7 or higher or is a Medical Corps officer or 
medical officer of the Air Force being processed for retirement under 
any provisions of this title by reason of age or length of service— 
"(1) retire such member under section 1201 of this title; 
"(2) place such member on the temporary disability retired 
list pursuant to section 1202 of this title; or 
"(3) separate such member from an armed force pursuant to 
section 1203 of this title 
by reason of unfitness to perform the duties of his office, grade, rank, 
or rating unless the determination of the Secretary concerned with 
respect to unfitness is first approved by the Secretary of Defense on 
the recommendation of the Assistant Secretary of Defense for Health 
and Environment.". 
(b) The amendments made by subsection (a) of this section shall 
apply with respect to unfitness determinations made on or after the 
date of the enactment of this Act by the Secretaries of the military 
departments concerned for purposes of sections 1201, 1202, and 1203 
of title 10, United States Code. 
Approved March 4, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-819 (Comm. on Armed Services). 
SENATE REPORT No. 94-561 (Comm. on Armed Services). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Dec. 17, considered and passed Senate. 
Vol. 122 (1976): Feb. 17, considered and passed House, amended. 
Feb. 23, Senate concurred in House amendments.