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U.S. Code/Title 10/§ 1204

Title 10

10

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10 U.S.C. § 1204.Chapter 61

§ 1204

Members on active duty for 30 days or less or on inactive-duty training: retirement

Title 10
3 min read

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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 , 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 , 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 —

((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 or ;

((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 ; 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.

Related Legislation

(3 bills)

Bills that would modify or reference this section of law.

HR-1824

Supporting Disabled National Guardsmen Act

Stephanie I. Bice

Oklahoma representative

  1. house
  2. senate
  3. president
3/4/2025
HR-6976

Duty Status Reform Act

Gilbert Ray Cisneros

California representative

  1. house
  2. senate
  3. president
1/8/2026
S-4801

Duty Status Reform Act

Jerry Moran

Kansas senator

  1. senate
  2. house
  3. president
6/16/2026
§ 1203

Release: pl-119-84 (2026-04-18)

§ 1205

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