DoD Directive 1332.18 Separation or Retirement for Physical Disability (1 Dec 2003)
Comments: To view or download the complete regulation, click on the link to it in the box above these comments.
3. POLICY
It is DoD policy that:
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3.2. The DES shall consist of four elements: medical evaluation; physical disability evaluation, to include appellate review; counseling; and final disposition.
Comments: "DES" is the "Disability Evaluation System". This says that to be separated for disability, a doctor must refer your case to a Medical Evaluation Board (MEB), which is then followed by a Physical Evaluation Board (PEB). The discharge is based solely on medical grounds.
3.3. The sole standard to be used in making determinations of unfitness due to physical disability shall be unfitness to perform the duties of the member's office, grade, rank or rating because of disease or injury. In addition, retirement or separation because of physical disability requires determinations that the disability:
3.3.1. Further:
3.3.1.1. In the case of a member on active duty for more than 30 days, was incurred while the member was entitled to basic pay, or any other member of the Armed Forces, after September 23, 1996, who is on active duty but is not entitled to basic pay under 37 U.S.C. 502(b) (reference (g)) due to authorized absence to participate in an educational program, or for an emergency purpose, as determined by the Secretary concerned; or
3.3.1.2. In the case of a member on active duty for 30 days or less, is the proximate result of, or was incurred in line of duty after September 23, 1996, as a result of:
3.3.1.2.1. Performing active duty or inactive duty training;
3.3.1.2.2. Traveling directly to or from the place at which such duty is performed; or
3.3.1.2.3. After September 23, 1996, an injury illness, or disease incurred or aggravated while remaining overnight, between successive periods of inactive duty training, at or in the vicinity of the site of the inactive duty training, if the site is outside reasonable commuting distance of the member's residence.
3.3.2. Is of a permanent nature.
3.3.3. Was not the result of intentional misconduct or willful neglect and was not incurred during a period of unauthorized absence.
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3.8. The assignment of disability ratings shall be based on the Veterans Administration Schedule for Rating Disabilities (VASRD) (reference (h)) as implemented by reference (e) and DoD Instruction 1332.39 (reference (f)).