---
kind: "section"
citation: "10 U.S.C. § 640"
title: "10"
title_heading: "Armed Forces"
number: "640"
heading: "Deferment of retirement or separation for medical reasons"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/640"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 36 — Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List"
  - "Subchapter IV — Continuation on Active Duty and Selective Early Retirement"
---

# §640. Deferment of retirement or separation for medical reasons

- (a) If 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 determines that the evaluation of the physical condition of an [officer](/usc/10/101.md?p=b-1) and determination of the [officer](/usc/10/101.md?p=b-1)’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](/usc/10/101.md?p=b-1) would otherwise be required to retire or be separated under this title, the [Secretary](/usc/10/4951.md?p=3) may defer the retirement or separation of the [officer](/usc/10/101.md?p=b-1) under this title.
- (b) A deferral of retirement or separation under [subsection (a)](#a) may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

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 Subsidiaries

### Effective 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.