(a) Members Released From Active Duty Within 30 Days.—A member of a reserve component who is ordered to active duty for a period of more than 30 days and is released from active duty within 30 days of commencing such period of active duty for a reason stated in subsection (b) shall be considered for all purposes under this chapter to have been serving under an order to active duty for a period of 30 days or less.
(b) Applicable Reasons for Release.—Subsection (a) applies in the case of a member released from active duty because of a failure to meet—(1) physical standards for retention due to a preexisting condition not aggravated during the period of active duty; or
(2) medical or dental standards for deployment due to a preexisting condition not aggravated during the period of active duty.
(c) Savings Provision for Medical Care Provided While on Active Duty.—Notwithstanding subsection (a), any benefit under chapter 55 of this title received by a member described in subsection (a) or a dependent of such member before or during the period of active duty shall not be subject to recoupment or otherwise affected.
Structure US Code
Subtitle A— General Military Law
CHAPTER 61— RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
§ 1201. Regulars and members on active duty for more than 30 days: retirement
§ 1202. Regulars and members on active duty for more than 30 days: temporary disability retired list
§ 1203. Regulars and members on active duty for more than 30 days: separation
§ 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement
§ 1205. Members on active duty for 30 days or less: temporary disability retired list
§ 1206. Members on active duty for 30 days or less or on inactive-duty training: separation
§ 1207. Disability from intentional misconduct or willful neglect: separation
§ 1208. Computation of service
§ 1209. Transfer to inactive status list instead of separation
§ 1211. Members on temporary disability retired list: return to active duty; promotion
§ 1212. Disability severance pay
§ 1213. Effect of separation on benefits and claims
§ 1214. Right to full and fair hearing
§ 1215. Members other than Regulars: applicability of laws
§ 1216. Secretaries: powers, functions, and duties
§ 1216a. Determinations of disability: requirements and limitations on determinations
§ 1217. Academy cadets and midshipmen: applicability of chapter
§ 1218. Discharge or release from active duty: claims for compensation, pension, or hospitalization
§ 1219. Statement of origin of disease or injury: limitations
§ 1221. Effective date of retirement or placement of name on temporary disability retired list