10 USC § 1213 - Effect of separation on benefits and claims

---
identifier: "/us/usc/t10/s1213"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1213 - Effect of separation on benefits and claims"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1213"
section_name: "Effect of separation on benefits and claims"
chapter_number: 61
chapter_name: "RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 511(44), Dec. 12, 1980, 94 Stat. 2924.)"
---


# § 1213. Effect of separation on benefits and claims

Unless a person who has received disability severance pay again becomes a member of an armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service, he is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation, under any law administered by one of those services or for it by another of those services. However, this section does not prohibit the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation or if a claim by him is allowed under any law.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 511(44), Dec. 12, 1980, 94 Stat. 2924.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1213 | 37:280. | Oct. 12, 1949, ch. 681, § 410, 63 Stat. 823. |

The words “a person who has received disability severance pay” are substituted for the words “Any former member who has been separated for physical disability from any of the uniformed services and paid disability severance pay”. The words “any payment * * * for” are substituted for the words “for any monetary obligation provided under any provision * * * on account of”. The words “this section does not prohibit” are substituted for the words “shall not operate to bar”. The words “the payment of money to * * * if the money was due him” are substituted for the words “from receiving or the service concerned from paying any moneys due and payable”. The words “valid”, “processed”, and “pursuant to any provisions of law” are omitted as surplusage.

## Editorial Notes

### Amendments

1980— substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

1966— substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1980 Amendment

Amendment by  effective , see , set out as a note under .

### Repeals

The directory language of, but not the amendment made by, , , , cited as a credit to this section, was repealed by , , .

## Executive Documents

### Transfer of Functions

For transfer of functions of Public Health Service, see note set out under .