---
kind: "section"
citation: "10 U.S.C. § 1214a"
title: "10"
title_heading: "Armed Forces"
number: "1214a"
heading: "Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1214a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 61 — Retirement or Separation for Physical Disability"
---

# §1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation

- (a) **Disposition.—** Except as provided in [subsection (c)](#c), the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may not authorize the involuntary administrative separation of a member described in [subsection (b)](#b), or deny reenlistment of the member, based on a determination that the member is unsuitable for deployment or worldwide assignment based on the same medical condition of the member considered by a Physical Evaluation Board during the evaluation of the member.
- (b) **Covered Members.—** A member covered by [subsection (a)](#a) is any member of the [armed forces](/usc/10/101.md?p=a-4) who has been determined by a Physical Evaluation Board pursuant to a physical evaluation by the board to be fit for duty.
- (c) **Reevaluation.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may direct the Physical Evaluation Board to reevaluate any member described in [subsection (b)](#b) if the [Secretary](/usc/10/4951.md?p=3) has reason to believe that a medical condition of the member considered by the Physical Evaluation Board during the evaluation of the member described in that subsection renders the member unsuitable for continued [military](/usc/10/801.md?p=8) service based on the medical condition.
  - (2) A member determined pursuant to reevaluation under [paragraph (1)](#c-1) to be unfit to perform the duties of the member’s office, [grade](/usc/10/101.md?p=b-7), [rank](/usc/10/101.md?p=b-8), or [rating](/usc/10/101.md?p=b-9) may be retired or separated for physical disability under this chapter.
  - (3) The [Secretary](/usc/10/4951.md?p=3) of Defense shall be the final approval authority for any case determined by the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) to warrant administrative separation or denial of reenlistment based on a determination that the member is unsuitable for continued service due to the same medical condition of the member considered by a Physical Evaluation Board that found the member fit for duty.

## Source credit

(Added Pub. L. 111–383, div. A, title V, § 534(a)(1), Jan. 7, 2011, 124 Stat. 4216; amended Pub. L. 112–81, div. A, title V, § 527(a)–(c)(1), Dec. 31, 2011, 125 Stat. 1401, 1402.)

## Notes

### Editorial Notes

### Amendments

2011—Pub. L. 112–81, § 527(c)(1), substituted “Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation” for “Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation” in section catchline.

Subsec. (a). Pub. L. 112–81, § 527(a), inserted “, or deny reenlistment of the member,” after “a member described in subsection (b)”.

Subsec. (c)(3). Pub. L. 112–81, § 527(b), inserted “or denial of reenlistment” after “to warrant administrative separation”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 111–383, div. A, title V, § 534(b), Jan. 7, 2011, 124 Stat. 4217, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Jan. 7, 2011], and shall apply with respect to members evaluated for fitness for duty by Physical Evaluation Boards on or after that date.”