2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle B - Army (Sections 3001 - 4842)
Part II - Personnel (Sections 3201 - 4061)
Chapter 339 - Temporary Appointments (Sections 3441 - 3452)
Sec. 3446 - Retention on active duty
Publication Title | United States Code, 2012 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 B - Army PART II - PERSONNEL CHAPTER 339 - TEMPORARY APPOINTMENTS Sec. 3446 - Retention on active duty |
Contains | section 3446 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 196; Pub. L. 85-861, §1(81)(C), Sept. 2, 1958, 72 Stat. 1480; 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. |
Statutes at Large References | 62 Stat. 489 70 Stat. 282 72 Stat. 1480 103 Stat. 1603 105 Stat. 116 |
Public and Private Laws | Public Law 85-861, Public Law 101-189, Public Law 102-25 |
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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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 196; Pub. L. 85–861, §1(81)(C), Sept. 2, 1958, 72 Stat. 1480; 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.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3446 | 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 Army * * * 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 Army" are substituted for the words "in the military service".
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3446 | 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".
AMENDMENTS1991—Par. (2). Pub. L. 102–25 struck out "as" before "provided by law".
1989—Pub. L. 101–189 amended section generally. Prior to amendment, section read as follows: "Notwithstanding any other provision of law, the President may retain on active duty a 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. 85–861 substituted "may retain on active duty a 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".
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