§ 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement
Upon a determination by the Secretary concerned that a member of the armed forces not covered by section
1201,
1202, or
1203 of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability, the Secretary may retire the member with retired pay computed under section
1401 of this title, if the Secretary also determines that—
(2)
the disability—
(A)
was incurred before September 24, 1996, as the proximate result of—
(iii)
an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence;
(B)
is a result of an injury, illness, or disease incurred or aggravated in line of duty after September 23, 1996—
(3)
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