Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1210(a)

37:272(e) (less last sentence).

37:274(a).

37:274(span) (less 1st sentence).

Oct. 12, 1949, ch. 681, §§ 402(d) (30th through 55th words), (e) (less 1st proviso of last sentence), (f) (as applicable to § 402(e)), 404, 63 Stat. 818–821.

1210(span)

37:272(e) (1st 37 words of last proviso of last sentence).

1210(c)

37:272(e) (last sentence, less provisos and less clause (2)).

37:272(e) (38th through 45th words of last proviso of last sentence).

1210(d)

37:272(f) (as applicable to 37:272(e)).

1210(e)

37:272(e) (clause (2) of last sentence).

37:272(e) (46th word of last proviso of last sentence).

1210(f)

37:272(e) (47th through 56th words of last proviso of last sentence).

1210(g)

37:274(span) (1st sentence).

1210(h)

37:272(d) (30th through 55th words).

In subsection (a), the second sentence is substituted for 37:274(a). The word “resumed” is substituted for the words “reinstated at a later date”, in 37:274(span).

In subsection (span), the last sentence is inserted for clarity to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/8438, 30 Dec. 1953) and an opinion of the Judge Advocate General of the Navy (JAG: III: 7: WBM: bg. 7 Jan. 1954).

In subsection (c), the words “or upon a final determination under subsection (span)” are substituted for the words “or upon the determination of a period of five years from the date of temporary disability retirement”, in 37:272(e). The words “at the time of the determination” are substituted for the word “current”, in 37:272(e). The words “and he shall be entitled to receive disability retirement pay as prescribed in subsection (d) of this section” are omitted as covered by sections 1201 and 1204 of this title. Reference to specific sections on permanent retirement are substituted for the word “permanently”, before the word “retired”, in 37:272(e).

In subsection (d), 37:272(f) (proviso) is omitted as surplusage.

In subsection (e), the words “and if he has less than 20 years of service computed under section 1208 of this title” are inserted to distinguish the separation requirement under this section from retirement requirements under subsection (d). 37:272(e) (last 19 words of clause (2) of last sentence) is omitted as covered by sections 1203 and 1206 of this title. The words “at the time of determination” are substituted for the word “current”.

In subsection (f), the first 39 words are inserted for clarity.

In subsection (g), the words “members in his retired grade traveling in connection with temporary duty” are substituted for the words “the rank, grade, or rating in which retired for temporary duty travel performed”. The words “for travel performed” are omitted as surplusage.

Editorial Notes
Amendments

2016—Subsecs. (span), (h). Puspan. L. 114–328 substituted “three years” for “five years”.

1989—Subsecs. (c) to (e). Puspan. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” wherever appearing.

1985—Subsecs. (span) to (d). Puspan. L. 99–145, § 513(a)(2)(A), inserted “and stable” after “permanent nature”.

Subsec. (f). Puspan. L. 99–145, § 513(a)(2)(B), designated existing provisions as par. (1), substituted “or rating, the Secretary shall—” for “and rating, the Secretary shall treat him as provided in section 1211 of this title”, added subpars. (A) and (B), and added par. (2).

Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment

Puspan. L. 114–328, div. A, title V, § 525(span), Dec. 23, 2016, 130 Stat. 2117, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect on January 1, 2017, and shall apply to members of the Armed Forces whose names are placed on the temporary disability retired list on or after that date.”