Page:United States Statutes at Large Volume 70A.djvu/158

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100

100 § 1214. Right to full and fair hearing No member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it. § 1215. Members other than Regulars: applicability of laws The laws and regulations that entitle any retired member of a regular component of the armed forces to pay, rights, benefits, oi privileges extend the same pay, rights, benefits, or privileges to any other member of the armed forces who is not a member of a regular component and who is retired, or to whom retired pay is granted, because of physical disability. § 1216. Secretaries: powers, functions, and duties (a) The Secretary concerned shall prescribe regulations to carry out this chapter within his department. (b) The Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of— (1) the fitness for active duty of any member of an armed force under his jurisdiction; (2) the percentage of disability of any such member at the time of his separation from active duty; (3) the suitability of any member for reappointment, reenlistment, or reentry upon active duty in an armed force under his jurisdiction; and (4) the entitlement to, and payment of, disability severance pay to any member of an armed force under his jurisdiction. (c) The Secretary concerned or the Administrator of Veterans' Affairs, as prescribed by the President, has the powers, functions, and duties under this chapter incident to hospitalization, rexaminations, and the payment of disability retired pay within his department or agency. § 1217.

Cadets, midshipmen, and aviation cadets: chapter does not apply to This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, to midshipmen of the Navy, or to aviation cadets. CHAPTER 63.—RETIREMENT FOR AGE Sec.

1255. Age 55: female re^lar warrant officers. 1203. Age 62: warrant officers. 1275. Computation of retired pay: law applicable. §1255. Age 55: female regular warrant officers (a) A female permanent regular warrant oflScer who has at least 20 years of active service that could be credited to her under section 311 of title 37, and who is at least 55 years of age, shall be retired 60 days after she becomes that age, except as provided by section 47a of title 5. (b) The Secretary concerned may defer, for not more than four months, the retirement under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of her physical condition and determination of her entitlement to retirement or separation for physical disability require hospitalization or medical observa-