10 U.S.C. § 640 — Deferment of retirement or separation for medical reasons
submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 120 words · no verdicts yet
The military-department Secretary may delay an officer’s required retirement or separation when hospitalization or medical observation is needed to complete a disability evaluation safely. The delay may last no more than 30 days after that evaluation is complete.
(a) If the Secretary of the military department concerned decides that evaluating an officer’s physical condition and deciding the officer’s right to disability retirement or separation requires hospitalization or medical observation, and that it cannot safely be completed before the officer’s otherwise required retirement or separation date, the Secretary may delay the retirement or separation under this title.
(b) The delay may not continue for more than 30 days after the evaluation requiring hospitalization or medical observation is completed.
If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer* and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a manner consistent with the member’s well being before the date on which the officer would otherwise be required to retire or be separated under this title, the Secretary may defer the retirement or separation of the officer under this title.
A deferral of retirement or separation under subsection (a) may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.
Source credit: (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2866; amended Pub. L. 107–107, div. A, title V, § 507, Dec. 28, 2001, 115 Stat. 1090.)
- 1980Enacted · Pub. L. 96-513 · 94 Stat. 2866
- 2001Amended · Pub. L. 107-107 · 115 Stat. 1090
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.
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