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U.S. Code as of:
01/19/04
Section 1201. Regulars and members on active duty for more than 30 days: retirement
(a) Retirement. - Upon a determination by the Secretary concerned
that a member described in subsection (c) is unfit to perform the
duties of the member's office, grade, rank, or rating because of
physical disability incurred while entitled to basic pay or while
absent as described in subsection (c)(3), the Secretary may retire
the member, with retired pay computed under section 1401 of this
title, if the Secretary also makes the determinations with respect
to the member and that disability specified in subsection (b).
(b) Required Determinations of Disability. - Determinations
referred to in subsection (a) are determinations by the Secretary
that -
(1) based upon accepted medical principles, the disability is
of a permanent nature and stable;
(2) the disability is not the result of the member's
intentional misconduct or willful neglect, and was not incurred
during a period of unauthorized absence; and
(3) either -
(A) the member has at least 20 years of service computed
under section 1208 of this title; or
(B) the disability is at least 30 percent under the standard
schedule of rating disabilities in use by the Department of
Veterans Affairs at the time of the determination; and either -
(i) the member has at least eight years of service computed
under section 1208 of this title;
(ii) the disability is the proximate result of performing
active duty;
(iii) the disability was incurred in line of duty in time
of war or national emergency; or
(iv) the disability was incurred in line of duty after
September 14, 1978.
(c) Eligible Members. - This section and sections 1202 and 1203
of this title apply to the following members:
(1) A member of a regular component of the armed forces
entitled to basic pay.
(2) Any other member of the armed forces entitled to basic pay
who has been called or ordered to active duty (other than for
training under section 10148(a) of this title) for a period of
more than 30 days.
(3) Any other member of the armed forces who is on active duty
but is not entitled to basic pay by reason of section 502(b) of
title 37 due to authorized absence (A) to participate in an
educational program, or (B) for an emergency purpose, as
determined by the Secretary concerned.
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