![]() |
United States Code (Last Updated: May 24, 2014) |
![]() |
Title 10. ARMED FORCES |
![]() |
SubTitle A. General Military Law |
![]() |
Part II. PERSONNEL |
![]() |
Chapter 61. RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY |
§ 1216. Secretaries: powers, functions, and duties
-
(a) The Secretary concerned shall prescribe regulations to carry out this chapter within his department. (b) Except as provided in subsection (d), the Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of— (1) the fitness for active duty of any member of an armed force under his jurisdiction; (2) the percentage of disability of any such member at the time of his separation from active duty; (3) the suitability of any member for reappointment, reenlistment, or reentry upon active duty in an armed force under his jurisdiction; and (4) the entitlement to, and payment of, disability severance pay to any member of an armed force under his jurisdiction. (c) The Secretary concerned or the Secretary of Veterans Affairs, as prescribed by the President, has the powers, functions, and duties under this chapter incident to hospitalization, reexaminations, and the payment of disability retired pay within his department or agency. (d) The Secretary concerned may not, with respect to any member who is a general officer or flag officer or is a medical officer being processed for retirement under any provisions of this title by reason of age or length of service— (1) retire such member under section 1201 of this title; (2) place such member on the temporary disability retired list pursuant to section 1202 of this title; or (3) separate such member from an armed force pursuant to section 1203 of this title by reason of unfitness to perform the duties of his office, grade, rank, or rating unless the determination of the Secretary concerned with respect to unfitness is first approved by the Secretary of Defense on the recommendation of the Assistant Secretary of Defense for Health Affairs.
Historical And Revision
Historical and Revision Notes | ||
---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1216(a) 1216(b) 1216(c) | 37:283 (1st 17 words). 37:284(a). 37:284 (less (a)). | Oct. 12, 1949, ch. 681, §§ 413 (1st 17 words), 414, 63 Stat. 824, 825. |
In subsection (b), the words “of any member for reappointment, reenlistment” are inserted for clarity, since they are implied in the words “reentry into active service”.
In subsections (b) and (c), the words “under this chapter” are inserted for clarity.
In subsection (c), the words “as prescribed by the President” are substituted for the words “under regulations promulgated by the President”.
Amendments
1996—Subsec. (d). Pub. L. 104–106, § 903(a), (f)(2), which directed amendment of subsec. (d), eff.
1989—Subsec. (c). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
1986—Subsec. (d). Pub. L. 99–661 substituted “who is a general officer or flag officer or is a medical officer” for “who is in pay grade O–7 or higher or is a Medical Corps officer or medical officer of the Air Force” in provisions preceding par. (1).
1984—Subsec. (b). Pub. L. 98–525 struck out “of this section” after “subsection (d)” in provisions preceding par. (1).
1980—Subsec. (d). Pub. L. 96–513 substituted “Affairs” for “and Environment”.
1976—Subsec. (b). Pub. L. 94–225, § 2(a)(1), substituted “Except as provided in subsection (d) of this section, the Secretary” for “The Secretary”.
Subsec. (d). Pub. L. 94–225, § 2(a)(2), added subsec. (d).
Effective Date Of Amendment
Amendment by Pub. L. 96–513 effective
Pub. L. 94–225, § 2(b),
Executive Order
Ex. Ord. No. 10122,
By virtue of and pursuant to the authority vested in me by section 414(b) of the Career Compensation Act of 1949, approved
Section 1. The terms “uniformed services” and “Secretary” as used in these regulations shall have the meaning prescribed therefor by subsections (a) and (f), respectively, of section 102 of the Career Compensation Act of 1949 [section 101(3) and (5) of Title 37, Pay and Allowances of the Uniformed Services].
Sec. 2. (a) Effective as of
(b) Effective
Sec. 3. All duties, powers, and functions incident to the hospitalization, except as provided in section 5 of this order, and re-examination of members of the uniformed services placed on the temporary disability retired list under the provisions of the Career Compensation Act of 1949 shall be vested in the Secretary concerned.
Sec. 4. Effective
Sec. 5. All duties, powers, and functions incident to the hospitalization of members or former members of the uniformed services placed on the temporary disability retired list or permanently retired for physical disability or receiving disability retirement pay who require hospitalization for chronic diseases shall be vested in the Administrator of Veterans’ Affairs: Provided, that all the duties, powers, and functions incident to hospitalization for such members or former members who elect to receive hospitalization in uniformed services facilities shall, subject to the availability of space and facilities and the capabilities of the medical and dental staff, be vested in the Secretary concerned: And provided further, that for the purpose of this order, the term “chronic disease” shall be construed to include arthritis, malignancy, psychiatric or neuropsychiatric disorder, neurological disabilities, poliomyelitis with disability residuals and degenerative diseases of the nervous system, severe injuries to the nervous system including quadriplegics, hemiplegics, and paraplegics, tuberculosis, blindness and deafness requiring definitive rehabilitation, major amputees, and such other diseases as may be so defined jointly by the Secretary of Defense, the Administrator of Veterans’ Affairs, and the Federal Security Administrator and so described in appropriate regulations of the respective departments and agencies concerned. Executive Order No. 9703 of
Sec. 6. Except as provided in section 5 hereof with respect to hospitalization for chronic diseases, nothing in this order shall be construed to affect the duties, powers, and functions of the Public Health Service with respect to hospitalization and medical examination of members and former members of the Coast Guard and the National Oceanic and Atmospheric Administration (formerly Coast and Geodetic Survey) under the Public Health Service Act, approved
Sec. 7. Nothing in this order shall be construed to affect the duties, powers, and functions vested in the Administrator of Veterans’ Affairs pursuant to the provisions of the act of