10 U.S. Code § 8446 - Retention on active duty

The President may retain on active duty a disabled officer until—
(1) the physical condition of the officer is such that the officer will not be further benefited by retention in a military hospital or a medical facility of the Department of Veterans Affairs; or
(2) the officer is processed for physical disability benefits provided by law.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 522; Pub. L. 85–861, § 1(180)(C),Sept. 2, 1958, 72 Stat. 1532; Pub. L. 101–189, div. A, title XVI, § 1621(a)(10),Nov. 29, 1989, 103 Stat. 1603; Pub. L. 102–25, title VII, § 701(j)(6),Apr. 6, 1991, 105 Stat. 116.)

Historical and Revision Notes 1956 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
8446 10:499. June 19, 1948, ch. 511, 62 Stat. 489.

The word “Shall” is substituted for the words “authorized and directed”. The words “on active duty” are substituted for the words “in service”. The words “warrant officers, and flight officers” are omitted, since the definition of “officer” in section 101 (14) of this title covers commissioned, warrant, and flight officers. The words “who has only a temporary appointment” are substituted for the words “of the Air Force * * * of the United States”. The words “his physical condition is such that he” are substituted for the words “their treatment for physical reconstruction has reached a point where they”. The words “in the Air Force” are substituted for the words “in the military service”.

1958 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
8446 10 App.:499. June 15, 1956, ch. 388, 70 Stat. 282.

The words “commissioned officers and warrant” are omitted as covered by the definition of the word “officer” in section 101 (14) of this title. The words “condition is such that” are substituted for the words “reconstruction has reached a point where”.
Amendments

1991—Par. (2). Pub. L. 102–25struck out “as” before “provided by law”.
1989—Pub. L. 101–189amended section generally. Prior to amendment, section read as follows: “Notwithstanding any other provision of law, the President may retain on active duty any disabled officer until his physical condition is such that he will not be further benefited by retention in a military or Veterans’ Administration hospital or until he is processed for physical disability benefits provided by law.”
1958—Pub. L. 85–861substituted “may retain on active duty any disabled officer” for “shall retain on active duty any disabled officer who has only a temporary appointment”, and “military or Veterans’ Administration hospital or until he is processed for physical disability benefits provided by law”, for “military hospital or in the Army”.

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.

10 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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