2016 US Code
Title 10 - Armed Forces
Subtitle D - Air Force
Part II - Personnel
Chapter 839 - Temporary Appointments
Sec. 8446 - Retention on active duty

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Citation 10 U.S.C. § 8446 (2016)
Section Name §8446. Retention on active duty
Section Text

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.

Source Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 522; Pub. L. 85–861, §1(180)(C), Sept. 2, 1958, 72 Stat. 1532; 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.)

Editorial Notes
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8446 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 Air Force * * * 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 Air Force" are substituted for the words "in the military service".

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8446 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".

AMENDMENTS

1991—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 any 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 any 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".

Publication Title United States Code, 2012 Edition, Supplement 4, 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 D - Air Force
PART II - PERSONNEL
CHAPTER 839 - TEMPORARY APPOINTMENTS
Sec. 8446 - Retention on active duty
Contains section 8446
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 62 Stat. 489
70 Stat. 282
72 Stat. 1532
103 Stat. 1603
105 Stat. 116
Public Law References Public Law 85-861, Public Law 101-189, Public Law 102-25
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