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U.S. Code as of:
01/19/04
Section 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement
Upon a determination by the Secretary concerned that a member of
the armed forces not covered by section 1201, 1202, or 1203 of this
title is unfit to perform the duties of his office, grade, rank, or
rating because of physical disability, the Secretary may retire the
member with retired pay computed under section 1401 of this title,
if the Secretary also determines that -
(1) based upon accepted medical principles, the disability is
of a permanent nature and stable;
(2) the disability -
(A) was incurred before September 24, 1996, as the proximate
result of -
(i) performing active duty or inactive-duty training;
(ii) traveling directly to or from the place at which such
duty is performed; or
(iii) an injury, illness, or disease incurred or aggravated
while remaining overnight, immediately before the
commencement of inactive-duty training, or while remaining
overnight between successive periods of inactive-duty
training, at or in the vicinity of the site of the
inactive-duty training, if the site of the inactive-duty
training is outside reasonable commuting distance of the
member's residence;
(B) is a result of an injury, illness, or disease incurred or
aggravated in line of duty after September 23, 1996 -
(i) while performing active duty or inactive-duty training;
(ii) while traveling directly to or from the place at which
such duty is performed; or
(iii) while remaining overnight, immediately before the
commencement of inactive-duty training, or while remaining
overnight between successive periods of inactive-duty
training, at or in the vicinity of the site of the
inactive-duty training; or
(C) is a result of an injury, illness, or disease incurred or
aggravated in line of duty -
(i) while the member was serving on funeral honors duty
under section 12503 of this title or section 115 of title 32;
(ii) while the member was traveling to or from the place at
which the member was to so serve; or
(iii) while the member remained overnight at or in the
vicinity of that place immediately before so serving, if the
place is outside reasonable commuting distance from the
member's residence;
(3) 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
(4) 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.
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