§1204. Members on active duty for 30 days or less or on inactive-duty training: retirement — Inbound Citations

Citations to 10 U.S.C. § 1204 as a whole

• 10 U.S.C. § 638b(c)(2)(B)

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  (B) An officer projected to be retired under section 1201 or 1204 of this title.
• 10 U.S.C. § 1205

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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.
• 10 U.S.C. § 1210(c)

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  (c) If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent nature and stable and is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies.
• 10 U.S.C. § 1210(d)

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  (d) If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent nature and stable and is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and if he has at least 20 years of service computed under section 1208 of this title, his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies, with retired pay computed under section 1401 of this title.
• 10 U.S.C. § 1372

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  Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
• 10 U.S.C. § 1402(c)(1)

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  (1) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;
• 10 U.S.C. § 1402(c)(3)

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  (3) is qualified under section 1201, 1202, 1204, or 1205 of this title;
• 10 U.S.C. § 1402a(c)(1)

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  (1) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;
• 10 U.S.C. § 1402a(c)(3)

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  (3) is qualified under section 1201, 1202, 1204, or 1205 of this title;
• 10 U.S.C. § 1407(c)(1)

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  (1) The high-three average of a member entitled to retired or retainer pay under any provision of law other than section 1204 or 1205 or section 12731 of this title is the amount equal to—

  (A) the total amount of monthly basic pay to which the member was entitled for the 36 months (whether or not consecutive) out of all the months of active service of the member for which the monthly basic pay to which the member was entitled was the highest, divided by

  (B) 36.
• 10 U.S.C. § 1407(c)(3)

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  (3) In the case of a member of a reserve component who is entitled to retired pay under section 1201 or 1202 of this title, the member’s high-three average (notwithstanding paragraphs (1) and (2)) is computed in the same manner as prescribed in paragraphs (2) and (3) of subsection (d) for a member entitled to retired pay under section 1204 or 1205 of this title.
• 10 U.S.C. § 1407(d)(2)

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  (2) The high-three average of a member entitled to retired pay under section 1204 or 1205 of this title is the amount equal to—

  (A) the total amount of monthly basic pay to which the member was entitled during the member’s high-36 months (or to which the member would have been entitled if the member had served on active duty during the entire period of the member’s high-36 months), divided by

  (B) 36.
• 10 U.S.C. § 1407(d)(3)

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  (3) In the case of a member who is entitled to retired pay under section 1204 or 1205 of this title and who was a member for less than 36 months before being retired under that section, the member’s high-three average (notwithstanding paragraph (2)) is the amount equal to—

  (A) the total amount of basic pay to which the member was entitled during the entire period the member was a member of a uniformed service before being so retired (or to which the member would have been entitled if the member had served on active duty during the entire period the member was a member of a uniformed service before being so retired), divided by

  (B) the number of months (including any fraction thereof) which the member was a member before being so retired.