§ 1201. Regulars and members on active duty for more than 30 days: retirement
(a)
Retirement.—
Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with retired pay computed under section
1401 of this title, if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b).
(b)
Required Determinations of Disability.—
Determinations referred to in subsection (a) are determinations by the Secretary that—
(2)
the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and
(3)
either—
(B)
the disability 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; and either—
(c)
Eligible Members.—
This section and sections
1202 and
1203 of this title apply to the following members: