10 U.S.C. § 1207
Section 1207 · Disability from intentional misconduct or willful neglect: separation
Amended 1 time on record
Applied in 7 court decisions — leading case Chayra v. United States (1991)
Most recently applied in 23 Cl. Ct. 372 - Yount v. United States (June 1991)
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.
Each member of the armed forces who incurs a physical disability that, in the determination of the Secretary concerned, makes him unfit to perform the duties of his office, grade, rank, or rating, and that resulted from his intentional misconduct or willful neglect or was incurred during a period of unauthorized absence, shall be separated from his armed force without entitlement to any benefits under this chapter.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The words “Each member * * * who” are substituted for the words “When a member * * * such member”. The words “is determined to have” are omitted as surplusage.