II 111th CONGRESS 1st Session S. 1440 IN THE SENATE OF THE UNITED STATES July 10, 2009 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To establish requirements applicable across the military departments for the retention in the Armed Forces of members who seek to remain in the Armed Forces following an injury or disability incurred in the line of duty in the Armed Forces.

1.

Short title

This Act may be cited as the Wounded Warrior Retention Act of 2009.

2.

Uniform requirements applicable to the retention in the Armed Forces of members seeking to remain in the Armed Forces following injury or disability in the line of duty

The retention in the Armed Forces of a member of the Armed Forces (including a member of the National Guard or Reserve) who seeks to remain in the Armed Forces following an injury or disability suffered or incurred in the line of duty in the Armed Forces shall be subject to the requirements as follows: (1)A member shall be considered for retention if the member has previously been deployed abroad in the Armed Forces. (2)A member shall be considered for retention if the member has served at least one year in the Armed Forces or such lesser period as the Secretary of the military department concerned shall prescribe for purposes of this section. (3)A member may be denied retention if— (A)the injury or disability of the member was incurred through the misconduct or willful negligence of the member, or during an unauthorized absence of the member; (B)the Secretary of the military department concerned determines that the member would not be able to work in a military environment without adversely affecting the member's health, posing a risk to other members of the Armed Forces, or requiring undue loss of time for medical treatment; or (C)the Secretary of the military department concerned determines that the member would be incapable of serving in the Armed Forces for at least one year after retention, or such shorter period after retention as the Secretary of Defense shall prescribe for purposes of this section. (4)A member so retained who is unable to perform the duties of the military occupational specialty to which assigned when injured or disabled shall be assigned— (A)to limited duty within such military occupational specialty consistent with the member's capabilities; or (B)to retraining for assignment to a military occupational specialty consistent with the member's capabilities. (5)Any physical evaluation (including any fitness test) of a member so retained shall take into appropriate account the nature and extent of the injury or disability of the member, and failure of completion of such a physical evaluation, alone, shall not disqualify a member for retention. (6)The retention of a member so retained shall not affect the eligibility of the member for promotion or assignment to specialized training necessary for advancement as a member of the Armed Forces as otherwise provided by law.