10 U.S.C. § 1202
Section 1202 · Regulars and members on active duty for more than 30 days: temporary disability retired list
Amended 6 times on record
Applied in 50 court decisions — leading case Nickerson v. United States (1996)
Most recently applied in Blair Coleman v. Frank Kendall (July 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for retirement under section 1201 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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
37:272(b) (clause (5)). Oct. 12, 1949, ch. 681, §402(a) (clause (5)), (b) (clause (5)), 63 Stat. 816, 817. The first 82 words are inserted for clarity and are based on the rule stated in section 1201 of this title, which restates that part of 37:272(a), (b), and (f) relating to retirement for physical disability. The revised section incorporates by reference those provisions which are identical for retirement and for placement on the temporary disability retired list. This is possible, since 37:272(f) applies to placement on the temporary disability retired list as well as to retirement (see opinion of the Judge Advocate General of the Army (JAGA 1953/1900, 9 Mar. 1953)).
The amendment reflects the Act of April 23, 1956, ch. 209 (70 Stat 115). (See opinion of Comp. Gen., B–130269, March 18, 1957.)
1962 Act
The changes correct typographical errors.
Amendments
1996—Pub. L. 104–201 substituted “a member described in section 1201(c) of this title” for “a member of a regular component of the armed forces entitled to basic pay, or any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under section 10148(a) of this title) for a period of more than 30 days,”.
1994—Pub. L. 103–337 substituted “10148(a)” for “270(b)”.
1985—Pub. L. 99–145 inserted “and stable” after “determined to be of a permanent nature”.
1962—Pub. L. 87–651 substituted “training under section 270(b) of this title)” for “training) under section 270(b) of this title”.
1958—Pub. L. 85–861 inserted “under section 270(b) of this title” after “(other than for training)”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–201 effective Sept. 23, 1996, and applicable with respect to physical disabilities incurred on or after such date, see section 572(d) of Pub. L. 104–201, set out as a note under section 1201 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Cross References
Computation of retired pay, see section 1401 of this title.
Election as to computation of retired pay, see section 1402 of this title.
Grade on being placed on temporary disability retired list, see section 1372 of this title.
Temporary disability retired lists, see section 1376 of this title.