Pub. L. 108-375, div. A, tit. V, subtit. C, sec. 521

STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE TO INABILITY TO PERFORM WITHIN 30 DAYS OF CALL TO ACTIVE DUTY.

EnactedYear: 2004Length: 297 wordsOfficial source
SEC. 521. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE TO INABILITY TO PERFORM WITHIN 30 DAYS OF CALL TO ACTIVE DUTY.(a) In General.—Chapter 61 of title 10, United States Code, is amended by inserting after section 1206 the following new section:“§ 1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing “(a) Members Released From Active Duty Within 30 Days.—A member of a reserve component who is ordered to active duty for a period of more than 30 days and is released from active duty within 30 days of commencing such period of active duty for a reason stated in subsection (b) shall be considered for all 118 STAT. 1888 purposes under this chapter to have been serving under an order to active duty for a period of 30 days or less.“(b) Applicable Reasons for Release.—Subsection (a) applies in the case of a member released from active duty because of a failure to meet—“(1) physical standards for retention due to a preexisting condition not aggravated during the period of active duty; or“(2) medical or dental standards for deployment due to a preexisting condition not aggravated during the period of active duty.“(c) Savings Provision for Medical Care Provided While on Active Duty.—Notwithstanding subsection (a), any benefit under chapter 55 of this title received by a member described in subsection (a) or a dependent of such member before or during the period of active duty shall not be subject to recoupment or otherwise affected.” .(b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1206 the following new item: “1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing.”.
Pub. L. 108-375, div. A, tit. V, subtit. C, sec. 521: STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE TO INABILITY TO PERFORM WITHIN 30 DAYS OF CALL TO ACTIVE DUTY. | Justis AI