-CITE-

10 USC CHAPTER 69 - RETIRED GRADE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

.

-HEAD-

CHAPTER 69 - RETIRED GRADE

-MISC1-

Sec.

1370. Commissioned officers: general rule; exceptions.

1371. Warrant officers: general rule.

1372. Grade on retirement for physical disability: members of armed

forces.

1373. Higher grade for later physical disability: retired officers

recalled to active duty.

(1374. Repealed.)

1375. Entitlement to commission: commissioned officers advanced on

retired list.

1376. Temporary disability retired lists.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(11),

Oct. 5, 1994, 108 Stat. 3013, struck out item 1374 ''Reserve

commissioned officers: grade on retirement or transfer to Retired

Reserve'' and substituted ''Temporary disability retired lists''

for ''Retired lists'' in item 1376.

1980 - Pub. L. 96-513, title V, Sec. 501(20), Dec. 12, 1980, 94

Stat. 2908, added item 1370.

1958 - Pub. L. 85-861, Sec. 1(30), Sept. 2, 1958, 72 Stat. 1451,

added item 1374.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 33 section 857a; title 42

section 213a.

-CITE-

10 USC Sec. 1370 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

-HEAD-

Sec. 1370. Commissioned officers: general rule; exceptions

-STATUTE-

(a) Rule for Retirement in Highest Grade Held Satisfactorily. -

(1) Unless entitled to a higher retired grade under some other

provision of law, a commissioned officer (other than a commissioned

warrant officer) of the Army, Navy, Air Force, or Marine Corps who

retires under any provision of law other than chapter 61 or chapter

1223 of this title shall, except as provided in paragraph (2), be

retired in the highest grade in which he served on active duty

satisfactorily, as determined by the Secretary of the military

department concerned, for not less than six months.

(2)(A) In order to be eligible for voluntary retirement under any

provision of this title in a grade above major or lieutenant

commander, a commissioned officer of the Army, Navy, Air Force, or

Marine Corps must have served on active duty in that grade for not

less than three years, except that the Secretary of Defense may

authorize the Secretary of a military department to reduce such

period to a period not less than two years in the case of

retirements effective during the period beginning on October 1,

2002, and ending on December 31, 2003.

(B) In the case of an officer to be retired in a general or flag

officer grade, authority provided by the Secretary of Defense to

the Secretary of a military department under subparagraph (A) may

be exercised with respect to that officer only if approved by the

Secretary of Defense or another civilian official in the Office of

the Secretary of Defense appointed by the President, by and with

the advice and consent of the Senate.

(C) Authority provided by the Secretary of Defense to the

Secretary of a military department under subparagraph (A) may be

delegated within that military department only to a civilian

official of that military department appointed by the President, by

and with the advice and consent of the Senate.

(D) The President may waive subparagraph (A) in individual cases

involving extreme hardship or exceptional or unusual

circumstances. The authority of the President under the preceding

sentence may not be delegated.

(E) In the case of a grade below the grade of lieutenant general

or vice admiral, the number of members of one of the armed forces

in that grade for whom a reduction is made during any fiscal year

in the period of service-in-grade otherwise required under this

paragraph may not exceed the number equal to two percent of the

authorized active-duty strength for that fiscal year for officers

of that armed force in that grade.

(3) A reserve or temporary officer who is notified that he will

be released from active duty without his consent and thereafter

requests retirement under section 3911, 6323, or 8911 of this title

and is retired pursuant to that request is considered for purposes

of this section, to have been retired involuntarily. An officer

retired pursuant to section 1186(b)(1) of this title is considered

for purposes of this section to have been retired voluntarily.

(b) Retirement in Next Lower Grade. - An officer whose length of

service in the highest grade he held while on active duty does not

meet the service in grade requirements specified in subsection (a)

shall be retired in the next lower grade in which he served on

active duty satisfactorily, as determined by the Secretary of the

military department concerned, for not less than six months.

(c) Officers in O-9 and O-10 Grades. - (1) An officer who is

serving in or has served in the grade of general or admiral or

lieutenant general or vice admiral may be retired in that grade

under subsection (a) only after the Secretary of Defense certifies

in writing to the President and Congress that the officer served on

active duty satisfactorily in that grade.

(2) In the case of an officer covered by paragraph (1), the

three-year service-in-grade requirement in paragraph (2)(A) of

subsection (a) may not be reduced or waived under that subsection -

(A) while the officer is under investigation for alleged

misconduct; or

(B) while there is pending the disposition of an adverse

personnel action against the officer for alleged misconduct.

(3)(A) The Secretary of Defense may delegate authority to make a

certification with respect to an officer under paragraph (1) only

to the Under Secretary of Defense for Personnel and Readiness or

the Deputy Under Secretary of Defense for Personnel and Readiness.

(B) If authority is delegated under subparagraph (A) and, in the

course of consideration of an officer for a certification under

paragraph (1), the Under Secretary or (if such authority is

delegated to both the Under and Deputy Under Secretary) the Deputy

Under Secretary makes a determination described in subparagraph (C)

with respect to that officer, the Under Secretary or Deputy Under

Secretary, as the case may be, may not exercise the delegated

authority in that case, but shall refer the matter to the Secretary

of Defense, who shall personally determine whether to issue a

certification under paragraph (1) with respect to that officer.

(C) A determination referred to in subparagraph (B) is a

determination that there is potentially adverse information

concerning an officer and that such information has not previously

been submitted to the Senate in connection with the consideration

by the Senate of a nomination of that officer for an appointment

for which the advice and consent of the Senate is required.

(d) Reserve Officers. - (1) Unless entitled to a higher grade, or

to credit for satisfactory service in a higher grade, under some

other provision of law, a person who is entitled to retired pay

under chapter 1223 of this title shall, upon application under

section 12731 of this title, be credited with satisfactory service

in the highest grade in which that person served satisfactorily at

any time in the armed forces, as determined by the Secretary

concerned in accordance with this subsection.

(2) In order to be credited with satisfactory service in an

officer grade (other than a warrant officer grade) below the grade

of lieutenant colonel or commander, a person covered by paragraph

(1) must have served satisfactorily in that grade (as determined by

the Secretary of the military department concerned) as a reserve

commissioned officer in an active status, or in a retired status on

active duty, for not less than six months.

(3)(A) In order to be credited with satisfactory service in an

officer grade above major or lieutenant commander, a person covered

by paragraph (1) must have served satisfactorily in that grade (as

determined by the Secretary of the military department concerned)

as a reserve commissioned officer in an active status, or in a

retired status on active duty, for not less than three years.

(B) A person covered by subparagraph (A) who has completed at

least six months of satisfactory service in grade may be credited

with satisfactory service in the grade in which serving at the time

of transfer or discharge, notwithstanding failure of the person to

complete three years of service in that grade, if that person is

transferred from an active status or discharged as a reserve

commissioned officer -

(i) solely due to the requirements of a nondiscretionary

provision of law requiring that transfer or discharge due to the

person's age or years of service; or

(ii) because the person no longer meets the qualifications for

membership in the Ready Reserve solely because of a physical

disability, as determined, at a minimum, by a medical evaluation

board and at the time of such transfer or discharge such person

(pursuant to section 12731b of this title or otherwise) meets the

service requirements established by section 12731(a) of this

title for eligibility for retired pay under chapter 1223 of this

title, unless the disability is described in section 12731b of

this title.

(C) If a person covered by subparagraph (A) has completed at

least six months of satisfactory service in grade, the person was

serving in that grade while serving in a position of adjutant

general required under section 314 of title 32 or while serving in

a position of assistant adjutant general subordinate to such a

position of adjutant general, and the person has failed to complete

three years of service in that grade solely because the person's

appointment to such position has been terminated or vacated as

described in section 324(b) of such title, then such person may be

credited with satisfactory service in that grade, notwithstanding

the failure to complete three years of service in that grade.

(D) To the extent authorized by the Secretary of the military

department concerned, a person who, after having been recommended

for promotion in a report of a promotion board but before being

promoted to the recommended grade, served in a position for which

that grade is the minimum authorized grade may be credited for

purposes of subparagraph (A) as having served in that grade for the

period for which the person served in that position while in the

next lower grade. The period credited may not include any period

before the date on which the Senate provides advice and consent for

the appointment of that person in the recommended grade.

(E) To the extent authorized by the Secretary of the military

department concerned, a person who, after having been found

qualified for Federal recognition in a higher grade by a board

under section 307 of title 32, serves in a position for which that

grade is the minimum authorized grade and is appointed as a reserve

officer in that grade may be credited for the purposes of

subparagraph (A) as having served in that grade. The period of the

service for which credit is afforded under the preceding sentence

may only be the period for which the person served in the position

after the Senate provides advice and consent for the appointment.

(F) A person covered by subparagraph (A) who has completed at

least six months of satisfactory service in a grade above colonel

or (in the case of the Navy) captain and, while serving in an

active status in such grade, is involuntarily transferred (other

than for cause) from active status may be credited with

satisfactory service in the grade in which serving at the time of

such transfer, notwithstanding failure of the person to complete

three years of service in that grade.

(4) A person whose length of service in the highest grade held

does not meet the service in grade requirements specified in this

subsection shall be credited with satisfactory service in the next

lower grade in which that person served satisfactorily (as

determined by the Secretary of the military department concerned)

for not less than six months.

(5)(A) The Secretary of Defense may authorize the Secretary of a

military department to reduce the 3-year period required by

paragraph (3)(A) to a period not less than 2 years in the case of

transfers to the Retired Reserve and discharges of

retirement-qualified officers effective during the period beginning

on October 1, 2002, and ending on December 31, 2003.

(B) In the case of a person who, upon transfer to the Retired

Reserve or discharge, is to be credited with satisfactory service

in a general or flag officer grade under paragraph (1), authority

provided by the Secretary of Defense to the Secretary of a military

department under subparagraph (A) may be exercised with respect to

that person only if approved by the Secretary of Defense or another

civilian official in the Office of the Secretary of Defense

appointed by the President, by and with the advice and consent of

the Senate.

(C) Authority provided by the Secretary of Defense to the

Secretary of a military department under subparagraph (A) may be

delegated within that military department only to a civilian

official of that military department appointed by the President, by

and with the advice and consent of the Senate.

(6) The number of reserve commissioned officers of an armed force

in the same grade for whom a reduction is made during any fiscal

year in the period of service-in-grade otherwise required under

paragraph (5) may not exceed the number equal to 2 percent of the

strength authorized for that fiscal year for reserve commissioned

officers of that armed force in an active status in that grade.

(e) Advance Notice to Congressional Committees. - (1) In the case

of an officer to be retired in a grade that is a general or flag

officer grade who is eligible to retire in that grade only by

reason of an exercise of authority under paragraph (2) of

subsection (a) to reduce the three-year service-in-grade

requirement otherwise applicable under that paragraph, the

Secretary of Defense, before the officer is retired in that grade,

shall notify the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives of the

exercise of authority under that paragraph with respect to that

officer.

(2) In the case of a person to be credited under subsection (d)

with satisfactory service in a grade that is a general or flag

officer grade who is eligible to be credited with such service in

that grade only by reason of an exercise of authority under

paragraph (5) of that subsection to reduce the three-year

service-in-grade requirement otherwise applicable under paragraph

(3)(A) of that subsection, the Secretary of Defense, before the

person is credited with such satisfactory service in that grade,

shall notify the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives of the

exercise of authority under paragraph (5) of that subsection with

respect to that officer.

(3) In the case of an officer to whom subsection (c) applies, the

requirement for notification under paragraph (1) is satisfied if

the notification is included in the certification submitted with

respect to that officer under paragraph (1) of such subsection.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 112, Dec. 12, 1980, 94 Stat.

2876; amended Pub. L. 101-510, div. A, title V, Sec. 522, Nov. 5,

1990, 104 Stat. 1561; Pub. L. 103-160, div. A, title V, Sec.

561(d), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 103-337, div. A,

title XVI, Sec. 1641, 1671(c)(7)(B), Oct. 5, 1994, 108 Stat. 2968,

3014; Pub. L. 104-106, div. A, title V, Sec. 502(a), (b), (f),

(g), Feb. 10, 1996, 110 Stat. 292, 293; Pub. L. 104-201, div. A,

title V, Sec. 544(a), Sept. 23, 1996, 110 Stat. 2522; Pub. L.

105-261, div. A, title V, Sec. 512(a), 513(a), 561(d), (o), Oct.

17, 1998, 112 Stat. 2007, 2025, 2026; Pub. L. 106-65, div. A,

title X, Sec. 1066(a)(9), (b)(3), Oct. 5, 1999, 113 Stat. 770, 772;

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 571(d)), Oct. 30,

2000, 114 Stat. 1654, 1654A-134; Pub. L. 107-107, div. A, title V,

Sec. 502, 514, Dec. 28, 2001, 115 Stat. 1080, 1093; Pub. L.

107-314, div. A, title V, Sec. 505, Dec. 2, 2002, 116 Stat. 2533.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2)(A). Pub. L. 107-314, Sec. 505(a)(1),

substituted ''during the period beginning on October 1, 2002, and

ending on December 31, 2003'' for ''during the period beginning on

October 1, 1990, and ending on December 31, 2001''.

Subsec. (a)(2)(B) to (E). Pub. L. 107-314, Sec. 505(a)(2), (3),

added subpars. (B) and (C) and redesignated former subpars. (B) and

(C) as (D) and (E), respectively.

Subsec. (d)(5), (6). Pub. L. 107-314, Sec. 505(b), designated

first sentence as subpar. (A), substituted ''in the case of

transfers to the Retired Reserve and discharges of

retirement-qualified officers effective during the period beginning

on October 1, 2002, and ending on December 31, 2003'' for ''in the

case of retirements effective during the period beginning on

October 17, 1998, and ending on December 31, 2001'', and added

subpars. (B) and (C), and designated second sentence as (6) and

substituted ''paragraph (5)'' for ''this paragraph''.

Subsec. (e). Pub. L. 107-314, Sec. 505(c), added subsec. (e).

2001 - Subsec. (c)(3). Pub. L. 107-107, Sec. 502, added par. (3).

Subsec. (d)(3)(B). Pub. L. 107-107, Sec. 514, amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: ''A

person covered by subparagraph (A) who has completed at least six

months of satisfactory service in grade and is transferred from an

active status or discharged as a reserve commissioned officer

solely due to the requirements of a nondiscretionary provision of

law requiring that transfer or discharge due to the person's age or

years of service may be credited with satisfactory service in the

grade in which serving at the time of such transfer or discharge,

notwithstanding failure of the person to complete three years of

service in that grade.''

2000 - Subsecs. (a)(2)(A), (d)(5). Pub. L. 106-398 substituted

''December 31, 2001'' for ''September 30, 2001''.

1999 - Subsec. (d)(1). Pub. L. 106-65, Sec. 1066(a)(9)(A),

substituted ''chapter 1223'' for ''chapter 1225''.

Subsec. (d)(3)(F). Pub. L. 106-65, Sec. 1066(b)(3), made

technical amendment to Pub. L. 105-261, Sec. 513(a). See 1998

Amendment note below.

Subsec. (d)(5). Pub. L. 106-65, Sec. 1066(a)(9)(B), substituted

''October 17, 1998,'' for ''the date of the enactment of this

paragraph''.

1998 - Subsec. (a)(2)(A). Pub. L. 105-261, Sec. 561(d),

substituted ''during the period beginning on October 1, 1990, and

ending on September 30, 2001'' for ''during the nine-year period

beginning on October 1, 1990''.

Subsec. (d)(3)(E). Pub. L. 105-261, Sec. 512(a), amended subpar.

(E) generally. Prior to amendment, subpar. (E) read as follows:

''To the extent authorized by the Secretary of the military

department concerned, a person who, after having been extended

temporary Federal recognition as a reserve officer of the Army

National Guard in a particular grade under section 308 of title 32

or temporary Federal recognition as a reserve officer of the Air

National Guard in a particular grade under such section, served in

a position for which that grade is the minimum authorized grade may

be credited for purposes of subparagraph (A) as having served in

that grade for the period for which the person served in that

position while extended the temporary Federal recognition, but only

if the person was subsequently extended permanent Federal

recognition as a reserve officer in that grade and also served in

that position after being extended the permanent Federal

recognition.''

Subsec. (d)(3)(F). Pub. L. 105-261, Sec. 513(a), as amended by

Pub. L. 106-65, Sec. 1066(b)(3), added subpar. (F).

Subsec. (d)(5). Pub. L. 105-261, Sec. 561(o), added par. (5).

1996 - Subsec. (a). Pub. L. 104-106, Sec. 502(g)(1), inserted

heading.

Subsec. (a)(2)(A). Pub. L. 104-106, Sec. 502(a)(1), struck out

''and below lieutenant general or vice admiral'' after

''commander''.

Subsec. (a)(2)(C). Pub. L. 104-106, Sec. 502(f), substituted ''In

the case of a grade below the grade of lieutenant general or vice

admiral, the number of members of one of the armed forces in that

grade'' for ''The number of officers in an armed force in a

grade''.

Subsec. (b). Pub. L. 104-106, Sec. 502(g)(2), inserted heading.

Subsec. (c). Pub. L. 104-106, Sec. 502(b), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''Upon

retirement an officer of the Army, Navy, Air Force, or Marine Corps

who is serving in or has served in a position of importance and

responsibility designated by the President to carry the grade of

general or admiral or lieutenant general or vice admiral under

section 601 of this title may, in the discretion of the President,

be retired, by and with the advice and consent of the Senate, in

the highest grade held by him while serving on active duty.''

Subsec. (d). Pub. L. 104-106, Sec. 502(g)(3), inserted heading.

Subsec. (d)(2). Pub. L. 104-201, Sec. 544(a)(2), redesignated

subpar. (A) as entire par. (2). Former subpar. (B) redesignated

subsec. (d)(3).

Subsec. (d)(2)(B). Pub. L. 104-106, Sec. 502(a)(2), struck out

''and below lieutenant general or vice admiral'' after

''commander'' in first sentence.

Subsec. (d)(3). Pub. L. 104-201, Sec. 544(a)(3), (4),

redesignated subsec. (d)(2)(B) as par. (3), designated first and

second sentences as subpars. (A) and (B), respectively, in subpar.

(B), substituted ''subparagraph (A)'' for ''the preceding

sentence'', and added subpars. (C) to (E). Former par. (3)

redesignated (4).

Subsec. (d)(4). Pub. L. 104-201, Sec. 544(a)(1), redesignated

par. (3) as (4).

1994 - Subsec. (a)(1). Pub. L. 103-337, Sec. 1671(c)(7)(B),

substituted ''chapter 1223'' for ''chapter 67''.

Subsec. (d). Pub. L. 103-337, Sec. 1641, added subsec. (d).

1993 - Subsec. (a)(2)(A). Pub. L. 103-160 substituted ''nine-year

period'' for ''five-year period''.

1990 - Subsec. (a)(2). Pub. L. 101-510 inserted ''(A)'' after

''(2)'', inserted before period at end of first sentence '', except

that the Secretary of Defense may authorize the Secretary of a

military department to reduce such period to a period not less than

two years in the case of retirements effective during the five-year

period beginning on October 1, 1990'', designated second and third

sentences as subpar. (B), substituted ''subparagraph (A)'' for

''the preceding sentence'', and added subpar. (C).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title X, Sec. 1066(b), Oct. 5, 1999, 113

Stat. 772, provided that the amendment made by section 1066(b) is

effective Oct. 17, 1998, and as if included in the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999, Pub. L.

105-261, as enacted.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title V, Sec. 512(b), Oct. 17, 1998,

112 Stat. 2007, provided that: ''The amendment made by subsection

(a) (amending this section) shall take effect on the date of the

enactment of this Act (Oct. 17, 1998) and shall apply with respect

to appointments to higher grades that take effect after that

date.''

Pub. L. 105-261, div. A, title V, Sec. 513(b), Oct. 17, 1998,

112 Stat. 2008, provided that: ''Subparagraph (F) of such section

(subsec. (d)(3)(F) of this section), as added by subsection (a),

shall take effect on the date of the enactment of this Act (Oct.

17, 1998) and shall apply with respect to transfers referred to in

such subparagraph that are made on or after that date.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 502(e) of Pub. L. 104-106 provided that: ''The amendment

made by subsection (a)(2) (amending this section) shall take effect

on October 1, 1996, immediately after subsection (d) of section

1370 of title 10, United States Code, takes effect under section

1691(b)(1) of the Reserve Officer Personnel Management Act (108

Stat. 3026) (Pub. L. 103-337, set out as a note under section 10001

of this title).''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1671(c)(7)(B) of Pub. L. 103-337 effective

Dec. 1, 1994, except as otherwise provided, and amendment by

section 1641 of Pub. L. 103-337 effective Oct. 1, 1996, see section

1691 of Pub. L. 103-337, set out as an Effective Date note under

section 10001 of this title.

EFFECTIVE DATE

Section effective Sept. 15, 1981, but the authority to prescribe

regulations under this section effective on Dec. 12, 1980, see

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions relating to the time-in-grade requirement for

voluntary retirement of officers not subsequently promoted, see

section 629 of Pub. L. 96-513, set out as a note under section 611

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 1407, 3961, 6151,

6323, 6325, 6383, 8961, 12771 of this title; title 33 section 3071;

title 42 section 213a.

-CITE-

10 USC Sec. 1371 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

-HEAD-

Sec. 1371. Warrant officers: general rule

-STATUTE-

Unless entitled to a higher retired grade under some other

provision of law, a warrant officer retires, as determined by the

Secretary concerned, in the permanent regular or reserve warrant

officer grade, if any, that he held on the day before the date of

his retirement, or in any higher warrant officer grade in which he

served on active duty satisfactorily, as determined by the

Secretary, for a period of more than 30 days.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 104.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1371 10:600l(d) (1st May 29, 1954, ch.

sentence). 249, Sec. 14(d)

10:600l(f) (1st (1st sentence), (f)

sentence, as (1st sentence, as

applicable to applicable to

retired grade). retired grade), 68

34:430(d) (1st Stat. 163, 164.

sentence).

34:430(f) (1st

sentence, as

applicable to

retired grade).

-------------------------------

The first 13 words are substituted for 10:600l(f) (1st sentence,

as applicable to retired grade) and 34:430 (1st sentence, as

applicable to retired grade). The words ''for a period of more

than 30 days'' are substituted for the words ''under * * * orders

specifying that the period of such duty shall be for a period in

excess of thirty days or for an indefinite period'', to conform to

the definition of those words in section 101(23) of this title.

The words ''any full time duty'' are omitted, since the duty

specified would necessarily be full time duty. The words ''under

this section'' and ''competent'' are omitted as surplusage.

PUBLIC HEALTH SERVICE

Authority vested by this chapter in ''military departments'',

''the Secretary concerned'', or ''the Secretary of Defense'' to be

exercised, with respect to commissioned officers of Public Health

Service, by Secretary of Health and Human Services or his designee,

see section 213a of Title 42, The Public Health and Welfare.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Authority vested by this chapter in ''military departments'',

''the Secretary concerned'', or ''the Secretary of Defense'' to be

exercised, with respect to commissioned officer corps of National

Oceanic and Atmospheric Administration, by Secretary of Commerce or

Secretary's designee, see section 3071 of Title 33, Navigation and

Navigable Waters.

-CITE-

10 USC Sec. 1372 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

-HEAD-

Sec. 1372. Grade on retirement for physical disability: members of

armed forces

-STATUTE-

Unless entitled to a higher retired grade under some other

provision of law, any member of an armed force who is retired for

physical disability under section 1201 or 1204 of this title, or

whose name is placed on the temporary disability retired list under

section 1202 or 1205 of this title, is entitled to the grade

equivalent to the highest of the following:

(1) The grade or rank in which he is serving on the date when

his name is placed on the temporary disability retired list or,

if his name was not carried on that list, on the date when he is

retired.

(2) The highest temporary grade or rank in which he served

satisfactorily, as determined by the Secretary of the armed force

from which he is retired.

(3) The permanent regular or reserve grade to which he would

have been promoted had it not been for the physical disability

for which he is retired and which was found to exist as a result

of a physical examination.

(4) The temporary grade to which he would have been promoted

had it not been for the physical disability for which he is

retired, if eligibility for that promotion was required to be

based on cumulative years of service or years of service in grade

and the disability was discovered as a result of a physical

examination.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104-201, div. A,

title V, Sec. 577, Sept. 23, 1996, 110 Stat. 2536.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1372 37:272(d) (104th Oct. 12, 1949, ch.

through 128th 681, Sec. 402(d)

words, as (104th through

applicable to 128th words, as

retired grade; and applicable to

2d and 5th retired grade; and

provisos). 37:279 2d and 5th

(less applicability provisos), 409

to 37:272(d) (last (less applicability

proviso)). to Sec. 402(d)

(last proviso)), 63

Stat. 818, 823.

-------------------------------

Clause (1) is substituted for 37:272(d) (104th through 128th

words, as applicable to retired grade). The words ''if his name

was not carried on that list'' are substituted for the words

''whichever is earlier''.

AMENDMENTS

1996 - Pars. (3), (4). Pub. L. 104-201 substituted ''a physical

examination'' for ''his physical examination for promotion''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1406 of this title.

-CITE-

10 USC Sec. 1373 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

-HEAD-

Sec. 1373. Higher grade for later physical disability: retired

officers recalled to active duty

-STATUTE-

Unless entitled to a higher retired grade under some other

provision of law, a member of an armed force whose retired pay is

computed under section 1402(d) or 1402a(d) of this title is

entitled, upon his release from active duty, to the grade

equivalent to the grade or rank upon which his retired pay is based

under that section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 96-342, title

VIII, Sec. 813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1373 37:272(d) (last Oct. 12, 1949, ch.

proviso, as 681, Sec. 402(d)

applicable to (last proviso, as

retired grade). applicable to

37:279 (as retired grade), 409

applicable to (as applicable to

37:272(d) (last Sec. 402(d) (last

proviso)). proviso)), 63 Stat.

819, 823.

-------------------------------

The applicability of the rule stated in 37:279 to all members

whose retired pay is computed under 37:272(d) (last proviso) is

based on an opinion of the Judge Advocate General of the Army (JAGA

1953/3305, 24 Apr. 1953).

AMENDMENTS

1980 - Pub. L. 96-342 inserted reference to section 1402a(d) of

this title.

-CITE-

10 USC Sec. 1374 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

-HEAD-

(Sec. 1374. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1662(k)(2), Oct. 5, 1994, 108 Stat. 3006)

-MISC1-

Section, added Pub. L. 85-861, Sec. 1(29), Sept. 2, 1958, 72

Stat. 1451; amended Pub. L. 86-559, Sec. 1(4), June 30, 1960, 74

Stat. 265; Pub. L. 99-661, div. A, title V, Sec. 508(d)(2), Nov.

14, 1986, 100 Stat. 3867, related to reserve commissioned officers'

grade on retirement or transfer to Retired Reserve. See sections

12771 to 12773 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

-CITE-

10 USC Sec. 1375 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

-HEAD-

Sec. 1375. Entitlement to commission: commissioned officers

advanced on retired list

-STATUTE-

A commissioned officer of the Army, Navy, Air Force, or Marine

Corps who is advanced on a retired list is entitled to a commission

in the grade to which he is advanced.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 105.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1375 10:1014. 34:394. Mar. 4, 1911, ch.

266, 36 Stat. 1354.

-------------------------------

The words ''has been or shall hereafter'', ''by operation of or

in accordance with law'', and ''and shall receive'' are omitted as

surplusage. The words ''in the grade to which he is advanced'' are

substituted for the words ''in accordance with such advanced

rank''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071; title 42

section 213a.

-CITE-

10 USC Sec. 1376 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 69 - RETIRED GRADE

-HEAD-

Sec. 1376. Temporary disability retired lists

-STATUTE-

The Secretary concerned shall maintain a temporary disability

retired list containing the names of members of the armed forces

under his jurisdiction placed thereon under sections 1202 and 1205

of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 85-861, Sec.

1(31), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 103-337, div. A,

title XVI, Sec. 1662(k)(3), Oct. 5, 1994, 108 Stat. 3006.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1376(a) 1376(b) 50:927(a) (less 1st Oct. 12, 1949, ch.

11 words). 681, Sec. 401 (less

50:927(b) (less (a)), 63 Stat. 816.

last 7 words of 1st July 9, 1952, ch.

sentence). 37:271 608, Sec. 207(a)

(less (a)). (less 1st 11

words), (b) (less

last 7 words of 1st

sentence), 66 Stat.

483.

-------------------------------

In subsection (a), the word ''maintained'' is substituted for the

word ''established'', and in subsection (b), the word ''maintain''

is substituted for the word ''established'', since the lists have

been established and are published annually.

In subsection (a), the words ''who are in the Retired Reserve''

are substituted for 50:927(a) (last 11 words), since section 271 of

this title prescribes the conditions for being placed in the

Retired Reserve. 50:927(b) (last sentence) is omitted, since the

revised section provides that both lists be maintained.

In subsection (b), the words ''containing the names placed

thereon under section 1202 or 1205 of this title'' are substituted

for the words ''upon which shall be placed the names of all members

of his service entitled to such placement pursuant to the

provisions of this subchapter''.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1376 (Uncodified). July 24, 1956, ch.

677, Sec. 2 (less

clauses (a)-(i), as

applicable to

10:1376), 70 Stat.

623.

-------------------------------

AMENDMENTS

1994 - Pub. L. 103-337 substituted ''Temporary disability retired

lists'' for ''Retired lists'' as section catchline, struck out

''(b)'' before ''The Secretary concerned'', and struck out subsec.

(a) which read as follows: ''Under regulations prescribed by the

Secretary concerned, there shall be maintained retired lists

containing the names of the Reserves of the armed forces under his

jurisdiction who are in the Retired Reserve.'' See section 12774 of

this title.

1958 - Subsec. (b). Pub. L. 85-861 struck out provisions

requiring publication of the temporary disability retired list

annually in the official register or other official publication of

the armed force concerned.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071; title 42

section 213a.

-CITE-