2017 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 61 - Retirement or Separation for Physical Disability
Sec. 1209 - Transfer to inactive status list instead of separation

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Citation 10 U.S.C. § 1209 (2017)
Section Name §1209. Transfer to inactive status list instead of separation
Section Text

Any member of the armed forces who has at least 20 years of service computed under section 12732 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 12735 of this title and, if otherwise eligible, to receive retired pay under section 12739 of this title upon becoming 60 years of age.

Source Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, §1501(c)(14), Feb. 10, 1996, 110 Stat. 499.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1209 37:272(g). Oct. 12, 1949, ch. 681, §402(g), 63 Stat. 820.

The words "Notwithstanding the foregoing provisions of this section", "satisfactory Federal", and "and receiving disability severance pay" are omitted as surplusage. The words "at the time of the determination" are substituted for the word "current". The word "otherwise" is substituted for the words "in all other respects".


1996—Pub. L. 104–106 substituted "section 12732" for "section 1332", "section 12735" for "section 1335", and "section 12739" for "chapter 71".

1989—Pub. L. 101–189 substituted "Department of Veterans Affairs" for "Veterans' Administration".


Pub. L. 104–106, div. A, title XV, §1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.

Publication Title United States Code, 2012 Edition, Supplement 5, 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
Sec. 1209 - Transfer to inactive status list instead of separation
Contains section 1209
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 63 Stat. 820
103 Stat. 1602
110 Stat. 499, 498
Public Law References Public Law 101-189, Public Law 103-337, Public Law 104-106
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