[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5868 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5868

To amend title 10, United States Code, to provide for the retention of 
 members of the Armed Forces on active service or in an active status 
   who would otherwise be retired or separated for a combat-related 
   disability, but who are still medically able to perform noncombat-
          related military occupational specialties or duties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2008

   Mr. Pearce (for himself, Mr. Kuhl of New York, Mr. Nunes, and Mr. 
Miller of Florida) introduced the following bill; which was referred to 
                    the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide for the retention of 
 members of the Armed Forces on active service or in an active status 
   who would otherwise be retired or separated for a combat-related 
   disability, but who are still medically able to perform noncombat-
          related military occupational specialties or duties.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caleb Martin-Travis Dodson Wounded 
Warrior Retention Act''.

SEC. 2. RETENTION OF MEMBERS OF THE ARMED FORCES WITH COMBAT-RELATED 
              DISABILITIES.

    (a) Retention of Members.--Section 1209 of title 10, United States 
Code, is amended--
            (1) by striking ``Any member of the armed forces'' and 
        inserting ``(b) Transfer to Inactive Status.--Any member of the 
        armed forces''; and
            (2) by inserting after the section heading the following 
        new subsection:
    ``(a) Retention of Members With Combat-Related Disabilities.--(1) 
Notwithstanding any other provision of this chapter, a member who would 
be retired, placed on the temporary disability retired list, or 
separated as the result of a combat-related disability may elect, 
instead, to be retained on active service or in an active status so 
long as the member--
            ``(A) remains medically able to perform noncombat-related 
        military occupational specialties or duties, regardless of the 
        member's office, grade, rank, or rating; and
            ``(B) is not disqualified from performing the noncombat-
        related military occupational specialties or duties because of 
        performance, mandatory retirement for age, or other reasons.
    ``(2) A member retained on active service or in an active status 
pursuant to this subsection shall be subject to periodic physical 
examinations, as provided under section 1210 of this title for members 
on the temporary disability retired list.
    ``(3) Action under this subsection shall be taken on a fair and 
equitable basis, with regard being given to the probable opportunities 
for advancement and promotion that a member might reasonably have had 
if the member did not have a combat-related disability.
    ``(4) In this subsection, the term `combat-related disability' has 
the meaning given that term in section 1413a of this title, except 
that, for purposes of qualifying for retention on active service or in 
an active status, the disability of a member does not have to be 
compensable under the laws administered by the Secretary of Veterans 
Affairs.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of section 1209 of title 
        10, United States Code, is amended to read as follows:
``Sec. 1209. Retention in active status or transfer to inactive status 
              list instead of separation or retirement''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 61 of such title is amended by striking 
        the item relating to section 1209 and inserting the following 
        new item:

``1209. Retention in active status or transfer to inactive status list 
                            instead of separation or retirement.''.
    (c) Effective Date.--
            (1) Prospective application.--Except as provided in 
        paragraph (2), subsection (a) of section 1209 of title 10, 
        United States Code, as added by subsection (a), shall apply to 
        members of the Armed Forces who would be retired or separated 
        from the Armed Forces after the date of the enactment of this 
        Act as the result of a combat-related disability.
            (2) Authority to provide retroactive application.--In the 
        case of a member of the Armed Forces who, during the period 
        beginning on September 1, 2001, and ending on the date of the 
        enactment of this Act, was retired or separated from the Armed 
        Forces as the result of a combat-related disability, the 
        Secretary of Defense may permit, on a case-by-case basis, the 
        reenlistment or reappointment of the member in the Armed Forces 
        so that the member may perform active service or in an active 
        status as provided by subsection (a) of section 1209 of title 
        10, United States Code, as added by subsection (a).
    (d) Report on Available Military and Civilian Positions for Wounded 
Warriors.--Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a report 
describing the types and numbers of noncombat-related military 
occupational specialties in the Armed Forces and civilian employee 
positions in the Department of Defense that are available for members 
of the Armed Forces who would be retired or separated as the result of 
a combat-related disability.
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