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LegalText 10 U.S.C. § 9176 Retention on active duty us united_states_code code_section 10 ARMED FORCES 919 TEMPORARY APPOINTMENTS 9176 10 U.S.C. § 9176 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s9176 data/legal/raw/us/code/title-10/usc10.xml b3ce6931738d27e052c0292abb5733e4bce106203e3a2e2d55147516efd30a9c 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 3c1ef0990a3c2d76bc1391851a47c403c0646180e8e74add72a1bb6e345eb5d5 2026-07-04 official
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10 U.S.C. § 9176 - Retention on active duty

Text

The President may retain on active duty a disabled officer until—

(1) the physical condition of the officer is such that the officer will not be further benefited by retention in a military hospital or a medical facility of the Department of Veterans Affairs; or

(2) the officer is processed for physical disability benefits provided by law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 522, § 8446; Pub. L. 85861, § 1(180)(C), Sept. 2, 1958, 72 Stat. 1532; Pub. L. 101189, div. A, title XVI, § 1621(a)(10), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 10225, title VII, § 701(j)(6), Apr. 6, 1991, 105 Stat. 116; renumbered § 9176, Pub. L. 115232, div. A, title VIII, § 806(b)(4), Aug. 13, 2018, 132 Stat. 1832.)

Notes

Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 844610:499.June 19, 1948, ch. 511, 62 Stat. 489. The word “Shall” is substituted for the words “authorized and directed”. The words “on active duty” are substituted for the words “in service”. The words “warrant officers, and flight officers” are omitted, since the definition of “officer” in section 101(14) of this title covers commissioned, warrant, and flight officers. The words “who has only a temporary appointment” are substituted for the words “of the Air Force * * * of the United States”. The words “his physical condition is such that he” are substituted for the words “their treatment for physical reconstruction has reached a point where they”. The words “in the Air Force” are substituted for the words “in the military service”.

1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 844610 App.:499.June 15, 1956, ch. 388, 70 Stat. 282. The words “commissioned officers and warrant” are omitted as covered by the definition of the word “officer” in section 101(14) of this title. The words “condition is such that” are substituted for the words “reconstruction has reached a point where”.

Editorial Notes

Amendments2018—Pub. L. 115232 renumbered section 8446 of this title as this section. 1991—Par. (2). Pub. L. 10225 struck out “as” before “provided by law”. 1989—Pub. L. 101189 amended section generally. Prior to amendment, section read as follows: “Notwithstanding any other provision of law, the President may retain on active duty any disabled officer until his physical condition is such that he will not be further benefited by retention in a military or Veterans Administration hospital or until he is processed for physical disability benefits provided by law.” 1958—Pub. L. 85861 substituted “may retain on active duty any disabled officer” for “shall retain on active duty any disabled officer who has only a temporary appointment”, and “military or Veterans Administration hospital or until he is processed for physical disability benefits provided by law”, for “military hospital or in the Army”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.