Pub. L. 84-1028, tit. 10, subtit. A, pt. II, ch. 61, sec. 1206

Members on active duty for 30 days or less; disability from injury: separation

EnactedYear: 1956Length: 217 wordsOfficial source
§ 1206. Members on active duty for 30 days or less; disability from injury: separation 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 resulting from an injury, the member may be separated from his armed force, with severance pay computed under section 1212 of this title, if the Secretary also determines that— (1) the member has less than 20 years of service computed under section 1208 of this title: (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; (3) based upon accepted medical principles, the disability is or may be of a permanent nature; and (4) the disability is less than 30 percent under the standard schedule of rating disabilities in use by the Veterans’ Administration at the time of the determination, and was the proximate result of performing active duty or inactive-duty training. However, if the member is eligible for transfer to the inactive status list under section 1209 of this title, and so elects, he shall be transferred to that list instead of being separated.
Pub. L. 84-1028, tit. 10, subtit. A, pt. II, ch. 61, sec. 1206: Members on active duty for 30 days or less; disability from injury: separation | Justis AI