Upon a determination by the Secretary concerned that a member of the armed forces not covered by section
1203 of this title would be qualified for retirement under section
1204 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section
1401 of this title.
The first 52 words are inserted for clarity and are based on the rule stated in section
1204 of this title, which restates that part of 37:272(c) relating to retirement for physical disability. The revised section incorporates by reference those provisions which are identical for retirement and for placement on the temporary disability retired list. This is possible, since 37:272(f) applies to placement on the temporary disability retired list as well as to retirement (see opinion of the Judge Advocate General of the Army (JAGA 1953/1900, 9 Mar. 1953)).
1986—Pub. L. 99–661struck out “; disability from injury” after “30 days or less” in section catchline.
1985—Pub. L. 99–145inserted “and stable” after “determined to be of a permanent nature”.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–661applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) ofPub. L. 99–661, set out as a note under section
1074a of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.