2023 U.S. Code
Title 10 - Armed Forces
Subtitle B - Army
Part II - Personnel
Chapter 719 - Temporary Appointments
Sec. 7176 - Retention on active duty
10 U.S.C. § 7176 (2023) | ||||||||||||
§7176. Retention on active duty | ||||||||||||
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. |
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(Aug. 10, 1956, ch. 1041, 70A Stat. 196, §3446; 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; renumbered §7176, Pub. L. 115–232, div. A, title VIII, §808(b)(4), Aug. 13, 2018, 132 Stat. 1838.) |
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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".
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". EDITORIAL NOTES AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3446 of this title as this section. 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 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". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. |
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United States Code, 2018 Edition, Supplement 5, Title 10 - ARMED FORCES | ||||||||||||
Bills and Statutes | ||||||||||||
United States Code | ||||||||||||
Y 1.2/5: | ||||||||||||
Title 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL CHAPTER 719 - TEMPORARY APPOINTMENTS Sec. 7176 - Retention on active duty |
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section 7176 | ||||||||||||
2023 | ||||||||||||
January 3, 2024 | ||||||||||||
Yes | ||||||||||||
standard | ||||||||||||
62 Stat. 489 70 Stat. 282 72 Stat. 1480 103 Stat. 1603 105 Stat. 116 132 Stat. 1838 |
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Public Law 85-861, Public Law 101-189, Public Law 102-25, Public Law 115-232 |