10 U.S.C. § 640

Deferment of retirement or separation for medical reasons

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(a) If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a manner consistent with the member’s well being before the date on which the officer would otherwise be required to retire or be separated under this title, the Secretary may defer the retirement or separation of the officer under this title.(b) A deferral of retirement or separation under subsection (a) may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2866; amended Pub. L. 107–107, div. A, title V, § 507, Dec. 28, 2001, 115 Stat. 1090.)Editorial NotesAmendments

2001—Pub. L. 107–107 amended text generally. Prior to amendment, text read as follows: “The Secretary of the military department concerned may defer the retirement or separation under this title of any officer if the evaluation of the physical condition of the officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which the officer would otherwise be required to retire or be separated under this title.”

Statutory Notes and Related SubsidiariesEffective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Notes of Decisions

Cited in 2 cases, 2009–2009 · leading case: Walls v. United States, 582 F.3d 1358 (Fed. Cir. 2009).

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Walls v. United States, 582 F.3d 1358 (Fed. Cir. 2009). · cites it 20× “10 U.S.C. § 640 applies." [2] U.S. Dep't of Navy, Sec'y of the Navy Instr.”

Peoples v. United States, 87 Fed. Cl. 553 (Fed. Cl. 2009). “In essence, plaintiff contends that principles of justice required the Secretary of the Navy to exercise his discretion under 10 U.S.C. § 640 and SECNAVTNST 1850.4D, § 3710 to defer plaintiff’s mandatory separation pending a review of plaintiffs case by the PEB.”

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