10 U.S.C. § 1216 — Secretaries: powers, functions, and duties

(a) The Secretary concerned^* must prescribe regulations to carry out this chapter within his department. (b) Except as provided in subsection (d), the Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of— (1) the fitness for active duty^* of any member of an armed force under his jurisdiction; (2) the percentage of disability of any that member at the time of his separation from active duty; (3) the suitability of any member for reappointment, reenlistment, or reentry upon active duty in an armed force under his jurisdiction; and (4) the entitlement to, and payment of, disability severance pay^* to any member of an armed force under his jurisdiction. (c) The Secretary concerned or the Secretary of Veterans Affairs, as prescribed by the President, has the powers, functions, and duties under this chapter incident to hospitalization, reexaminations, and the payment of disability retired pay within his department or agency. (d) The Secretary concerned cannot, about any member who is a general officer^* or flag officer^* or is a medical officer^* being processed for retirement under any provisions of this title by reason of age or length of service— (1) retire that member under section 1201 of this title ; (2) place that member on the temporary disability retired list under section 1202 of this title ; or (3) separate that member from an armed force under section 1203 of this title by reason of unfitness to perform the duties of his office, grade^*, rank^*, or rating^* unless the determination of the Secretary concerned about unfitness is first approved by the Secretary of Defense on the recommendation of the Assistant Secretary of Defense for Health Affairs.