10 U.S.C. § 1206a

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1206a - Reserve component members unable to perform duties when ordered to active duty: disability system processing
(a) MEMBERS RELEASED FROM ACTIVE DUTY WITHIN 30 DAYS.-A member of a reserve component who is ordered to active duty for a period of more than 30 days and is released from active duty within 30 days of commencing such period of active duty for a reason stated in subsection (b) shall be considered for all purposes under this chapter to have been serving under an order to active duty for a period of 30 days or less.
(b) APPLICABLE REASONS FOR RELEASE.-Subsection (a) applies in the case of a member released from active duty because of a failure to meet-
(1) physical standards for retention due to a preexisting condition not aggravated during the period of active duty; or
(2) medical or dental standards for deployment due to a preexisting condition not aggravated during the period of active duty.
(c) SAVINGS PROVISION FOR MEDICAL CARE PROVIDED WHILE ON ACTIVE DUTY.-Notwithstanding subsection (a), any benefit under chapter 55 of this title received by a member described in subsection (a) or a dependent of such member before or during the period of active duty shall not be subject to recoupment or otherwise affected.

10 U.S.C. § 1206a

Added Pub. L. 108-375, div. A, title V, §521(a), Oct. 28, 2004, 118 Stat. 1887.
active duty for a period of more than 30 days
The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less.
active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.