Page:United States Statutes at Large Volume 70A.djvu/152

94 94 §1205.

Members on active duty for 30 days or less; disability from injury: temporary disability retired list Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 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, 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.

§ 1206. Members on active duty for 30 days or less; disability from injury: separation Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability resulting from an injury, the member may be separa-ted 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; (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; (3) based upon accepted medical principles, the disability is or may be of a permanent nature; and (4) the disability is less than 30 percent under the standard schedule of rating disabilities in use by the Veterans' Administration at the time of the determination, and was the proximate result of performing active duty or inactive-duty training. However, if the member is eligible for transfer to the inactive status list under section 1209 of this title, and so elects, he shall be transferred to that list instead of being separated. § 1207. Disability from intentional misconduct or willful neglect: separation Each member of the armed forces who incurs a physical disability that, in the determination of the Secretary concerned, makes him unfit to perform the duties of his office, grade, rank, or rating, and that resulted from his intentional misconduct or willful neglect or was incurred during a period of unauthorized absence, shall be separated from his armed force without entitlement to any benefits under this chapter. §1208. Computation of service (a) For the purposes of this chapter, a member of a regular component shall be credited with the service described in clause (1) or that described in clause C2), whichever is greater: (1) The service that he is considered to have for the purpose of separation or mandatory elimination from the active list. (2) The sum of—

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