10 U.S.C. § 1205

Members on active duty for 30 days or less: temporary disability retired list

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Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title would be qualified for retirement under section 1204 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title.

Notes of Decisions

Cited in 5 cases, 1974–2008 · leading case: In Re the Marriage of Wherrell, 58 P.3d 734 (Kan. 2002).

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In Re the Marriage of Wherrell, 58 P.3d 734 (Kan. 2002). “) 10 U.S.C. § 1205 (2000). From the plain language of the provisions, it appears that Wesley was on the TDRL and receiving “retirement pay.”

Dyonyx, L.P. v. United States, 83 Fed. Cl. 460 (Fed. Cl. 2008). “The United States Court of Claims in Burroughs underscored the difference between sealed bids and negotiated procurements: In formally advertised bidding the pertinent statutes and regulations are far more strict about the conduct of the procurement than in a negotiated one,…”

Aleck Alexander, Cross-Appellee v. United States of Am., Cross-Appellant, 500 F.2d 1 (8th Cir. 1974). “Due to these injuries, Alexander was rated 100% disabled and placed on temporary disability retirement status for a period of approximately two and one-half years, pursuant to the procedures specified in 10 U.S.C. §§ 1205 , 1210, 1211 (1970). During that time he was paid…”

Steiner v. United States, 9 Cl. Ct. 307 (Ct. Cl. 1986). “10 U.S.C. §§ 1205 , 1401. Given his 30 percent rating, plaintiff received 50 percent of his basic monthly pay.”

Knowles v. United States, 43 Fed. Cl. 515 (Fed. Cl. 1999). “See 10 U.S.C. § 1205 (1994). While a member is on the TDRL, he or she must submit to periodic physical examinations to determine if there has been a change in their disability.”

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