2009 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
Sec. 1206a - Reserve component members unable to perform duties when ordered to active duty: disability system processing
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY Sec. 1206a - Reserve component members unable to perform duties when ordered to active duty: disability system processing |
| Contains | section 1206a |
| Date | 2009 |
| Laws in Effect as of Date | February 1, 2010 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 108-375, div. A, title V, §521(a), Oct. 28, 2004, 118 Stat. 1887. |
| Statutes at Large Reference | 118 Stat. 1887 |
| Public Law Reference | Public Law 108-375 |
§1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing
(a) Members Released From Active Duty Within 30 Days.—A member of a reserve component who is ordered to active duty for a period of more than 30 days and is released from active duty within 30 days of commencing such period of active duty for a reason stated in subsection (b) shall be considered for all purposes under this chapter to have been serving under an order to active duty for a period of 30 days or less.
(b) Applicable Reasons for Release.—Subsection (a) applies in the case of a member released from active duty because of a failure to meet—
(1) physical standards for retention due to a preexisting condition not aggravated during the period of active duty; or
(2) medical or dental standards for deployment due to a preexisting condition not aggravated during the period of active duty.
(c) Savings Provision for Medical Care Provided While on Active Duty.—Notwithstanding subsection (a), any benefit under chapter 55 of this title received by a member described in subsection (a) or a dependent of such member before or during the period of active duty shall not be subject to recoupment or otherwise affected.
(Added Pub. L. 108–375, div. A, title V, §521(a), Oct. 28, 2004, 118 Stat. 1887.)
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