10 U.S.C. § 12731b

Special rule for members with physical disabilities not incurred in line of duty

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(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.(b) Notification under subsection (a) may not be made if—(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or(2) the disability was incurred during a period of unauthorized absence.(Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), Oct. 5, 1999, 113 Stat. 666.)

Notes of Decisions

Cited in 2 cases, 2010–2017 · leading case: Williams v. United States, 91 Fed. Cl. 560 (Fed. Cl. 2010).

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Williams v. United States, 91 Fed. Cl. 560 (Fed. Cl. 2010). · cites it 4× “No court has previously squarely addressed whether the statute at issue here— 10 U.S.C. § 12731b—is money-mandating. But see id.”

Pipes v. United States, 134 Fed. Cl. 380 (Fed. Cl. 2017). “Instead, Plaintiff accepted regular reserve retirement, pursuant to 10 U.S.C. § 12731b, because his physical disabilities did not incur in line of duty, ie.”

— 10 U.S.C. § 12731b(a) — 1 case

Williams v. United States, 91 Fed. Cl. 560 (Fed. Cl. 2010). “No court has previously squarely addressed whether the statute at issue here— 10 U.S.C. § 12731b—is money-mandating. But see id.”

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