10 U.S.C. § 1213
Effect of separation on benefits and claims
Unless a person who has received disability severance pay again becomes a member of an armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service, he is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation, under any law administered by one of those services or for it by another of those services. However, this section does not prohibit the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation or if a claim by him is allowed under any law.
Notes of Decisions
Cited in 3
cases, 2002–2016 · leading case: Shelkofsky v. United States, 119 Fed. Cl. 133 (Fed. Cl. 2014).
Shelkofsky v. United States, 119 Fed. Cl. 133 (Fed. Cl. 2014). “See 10 U.S.C. § 1213 (stating that a member who elects separation and Disability Severance Pay “is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation”).”
Cole v. United States, 52 Fed. Cl. 429 (Fed. Cl. 2002). “2001), plaintiff had the right to demand a full and fair hearing of his medical disability, which plaintiff received. Plaintiff does not argue that he should not have been medically separated, but instead focuses on alleged due process violations in the Formal PEB, specifically…”
Deemer v. United States, 126 Fed. Cl. 619 (Fed. Cl. 2016). “Plaintiff, Leonard Deemer, a retired Commander in the United States Navy Reserve, alleges that he is entitled to age-based retirement pay under 10 U.S.C. § 1213 and 10 U.S.C. § 1414 . Defendant has filed a motion to dismiss pursuant to 28 U.”
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