10-U.S.C.-3446

10-U.S.C.-3446

§3446 – Retention On Active Duty

Pathway

Title 10 > Subtitle B > Part II > Chapter 339 > Section 3446

Details

  • Reference: Section 3446
  • Legend: §3446 – Retention On Active Duty
  • USCode Year: 2013

Provision Content

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 196; 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.)

Historical and Revision Notes
1956 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
3446 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 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.

1958 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
3446 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 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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-3262 in the Legal Encyclopedia: Army

In this entry about 10-U.S.C.-3262, find legal reference material, bibliographies and premiere content related to army in the American Encyclopedia of Law, presenting a comprehensive view of the United States army-specific issues, written by authorities in the field.

10-U.S.C.-3284 in the Legal Encyclopedia: Army Personnel

In this entry about 10-U.S.C.-3284, find legal reference material, bibliographies and premiere content related to army personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army personnel-specific issues, written by authorities in the field.

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