Page:United States Statutes at Large Volume 70A.djvu/150

92 92 any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training) for a period of more than 30 days, is unfit to perform the duties of his ojfice, grade, rank, or rating because of physical disability incurred while entitled to basic pay, the Secretary may retire the member, with retired pay computed under section 1401 of this title, if the Secretary also determines that— (1) based upon accepted medical principles, the disability is of a permanent nature; (2) the disability is not the result of the member's intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and (3) either— (A) the member has at least 20 years of service computed under section 1208 of this title; or (B) the disability is tit least 30 percent under the standard schedule of rating disabilites in use by the Veterans' Administration at the time of the determination; and either— (i) the member has at least eight years of service computed under section 1208 of this title; (ii) the disability is th& proximate result of performing active duty; or (iii) the disability was incurred in line of duty in time of war or national emergency. § 1202. Regular s and members on active d u t y for more than 30 d a y s: temporary disability retired list Upon a determination by the Secretary concerned that a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training) for a period of more than 30 days, would be qualified for retirement under section 1201 of this title but for the fact that his disability is not determined to be of a permanent nature, 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. § 1203. Regular s and members on active d u t y for more than 30 d a y s: separation Upon a determination by the Secretary concerned that a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training) for a period of more than 30 days, is unfit to perform the duties of his office, grade, rank, or rating because of physical disability incurred while entitled to basic pay, the member may be separated from his armed force, with severance pay computed under section 1212 of this title, if the Secretary also determines that— (1) the member has less than 20 years of service computed under section 1208 of this title;

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