-CITE-

10 USC CHAPTER 369 - RETIRED GRADE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 369 - RETIRED GRADE

.

-HEAD-

CHAPTER 369 - RETIRED GRADE

-MISC1-

Sec.

3961. General rule.

3962. Higher grade for service in special positions.

3963. Highest grade held satisfactorily: Reserve enlisted members

reduced in grade not as a result of the member's misconduct.

3964. Higher grade after 30 years of service: warrant officers and

enlisted members.

3965. Restoration to former grade: retired warrant officers and

enlisted members.

3966. Retired lists.

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title V, Sec. 532(a)(2), Sept.

23, 1996, 110 Stat. 2518, added item 3963.

1988 - Pub. L. 100-456, div. A, title XII, Sec. 1233(i)(1)(B),

Sept. 29, 1988, 102 Stat. 2058, substituted ''retired'' for

''regular'' in item 3965.

1987 - Pub. L. 100-180, div. A, title V, Sec. 512(e)(1), Dec. 4,

1987, 101 Stat. 1091, substituted ''warrant officers and enlisted

members'' for ''Army warrant officers; regular enlisted members''

in item 3964.

1985 - Pub. L. 99-145, title XIII, Sec. 1301(b)(2)(B), Nov. 8,

1985, 99 Stat. 735, struck out item 3963 ''Higher grade for service

during certain periods: regular and reserve commissioned

officers''.

1980 - Pub. L. 96-343, Sec. 13(a)(4), Sept. 8, 1980, 94 Stat.

1131, substituted ''positions'' for ''positions: regular

commissioned officers'' in item 3962.

-CITE-

10 USC Sec. 3961 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 369 - RETIRED GRADE

-HEAD-

Sec. 3961. General rule

-STATUTE-

(a) The retired grade of a regular commissioned officer of the

Army who retires other than for physical disability, and the

retired grade of a reserve commissioned officer of the Army who

retires other than for physical disability, is determined under

section 1370 of this title.

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

provision of law, a Regular or Reserve of the Army not covered by

subsection (a) who retires other than for physical disability

retires in the regular or reserve grade that he holds on the date

of his retirement.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 230; Pub. L. 96-513, title V,

Sec. 502(18), Dec. 12, 1980, 94 Stat. 2910; Pub. L. 103-337, div.

A, title XVI, Sec. 1672(c)(2), Oct. 5, 1994, 108 Stat. 3015; Pub.

L. 106-398, Sec. 1 ((div. A), title V, Sec. 506(a)), Oct. 30, 2000,

114 Stat. 1654, 1654A-102.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3961 10:941a(a)(3) (31st Aug. 7, 1947, ch.

through 42d words; 512, Sec. 514(a)(3)

and proviso, as (31st through 42d

applicable to words; and proviso,

retired grade). as applicable to

10:941a(e) (17th retired grade),

through 25th words 514(e) (17th

of clause (1); and through 25th words

1st proviso of of clause (1); and

clause (1), as 1st proviso of

applicable to clause (1), as

retired grade). applicable to

10:947a (last 11 retired grade), 61

words). 10:1025. Stat. 893, 902.

10:1026 (proviso). Feb. 14, 1885, ch.

67 (43d through 53d

words); restated

Sept. 30, 1890, ch.

1125 (43d through

53d words), 26

Stat. 504.

R.S. 1254.

June 3, 1916, ch.

134, Sec. 4c

(proviso); added

June 29, 1945, ch.

197 (proviso);

restated Aug. 7,

1947, ch. 512, Sec.

513(c) (proviso),

61 Stat. 902.

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

The applicability of the rule stated in the revised section to

situations not expressly covered by the laws named in the source

credits above is necessarily implied from laws providing for

retirement in higher grade in those situations.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398 struck out ''or for

nonregular service under chapter 1223 of this title'' before '', is

determined''.

1994 - Subsec. (a). Pub. L. 103-337 substituted ''chapter 1223''

for ''chapter 67''.

1980 - Pub. L. 96-513 added subsec. (a), designated existing

provisions as subsec. (b), and inserted ''not covered by subsection

(a)'' after ''Regular or Reserve of the Army''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 506(c)), Oct.

30, 2000, 114 Stat. 1654, 1654A-102, provided that: ''The

amendments made by subsections (a) and (b) (amending this section

and section 8961 of this title) shall apply to Reserve commissioned

officers who are promoted to a higher grade as a result of

selection for promotion by a board convened under chapter 36 or

1403 of title 10, United States Code, or having been found

qualified for Federal recognition in a higher grade under chapter 3

of title 32, United States Code, after October 1, 1996.''

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.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

-CITE-

10 USC Sec. 3962 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 369 - RETIRED GRADE

-HEAD-

Sec. 3962. Higher grade for service in special positions

-STATUTE-

Upon retirement, any permanent professor of the United States

Military Academy whose grade is below brigadier general, and whose

service as such a professor has been long and distinguished, may,

in the discretion of the President, be retired in the grade of

brigadier general.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 230; Pub. L. 85-861, Sec.

1(99), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 89-288, Sec. 2, Oct.

22, 1965, 79 Stat. 1050; Pub. L. 96-343, Sec. 13(a)(1)-(3), Sept.

8, 1980, 94 Stat. 1131; Pub. L. 96-513, title V, Sec. 502(19), Dec.

12, 1980, 94 Stat. 2910; Pub. L. 97-22, Sec. 10(a)(2)(B), July 10,

1981, 95 Stat. 136; Pub. L. 104-106, div. A, title V, Sec. 502(c),

(d)(1), Feb. 10, 1996, 110 Stat. 293.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

3962(a) 3962(b) 10:506b(d) (less 1st Aug. 4, 1947, ch.

3962(c) 3962(d) and last provisos). 459, Sec. 102(c)

10:156c (1st 6, and (1st 6, and 9th

9th through 43d, through 43d,

words). 10:1026 words), 61 Stat.

(less 24 words 735. June 3, 1916,

before proviso, and ch. 134, Sec. 4c

less proviso). (less 24 words

10:166g(b) (1st 5, before proviso, and

and 8th through less proviso);

76th, words; and added June 4, 1920,

proviso). ch. 227, Sec. 4

10:316b(b) (1st 6, (less last 18 words

and 9th through of 4th sentence of

54th, words). 7th par.); June 6,

10:1079a(b) (less 1924, ch. 275, Sec.

proviso). 2; July 2, 1926,

ch. 721, Sec. 7;

Apr. 22, 1938, ch.

167; May 12, 1939,

ch. 127 (less 75th

through 91st

words); Oct. 14,

1940, ch. 858, Sec.

1 (less last 26

words); restated

June 29, 1945, ch.

197 (less 24 words

before proviso, and

less proviso);

restated Aug. 7,

1947, ch. 512, Sec.

513(c) (less 24

words before

proviso, and less

proviso), 61 Stat.

902.

Aug. 7, 1947, ch.

512, Sec. 504(d)

(less 1st and last

provisos), 520(b)

(less proviso), 61

Stat. 888, 912.

Apr. 16, 1947, ch.

38, Sec. 108(b)

(1st 5, and 8th

through 76th,

words; and

proviso); restated

May 16, 1950, ch.

186, Sec. 3(d)(b)

(1st 5, and 8th

through 76th,

words; and

proviso), 64 Stat.

161.

June 12, 1948, ch.

449, Sec. 103(b)

(1st 6, and 9th

through 54th,

words), 62 Stat.

357.

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

In subsection (a), the words ''who has served (1) as Chief of

Staff to the President, (2) as Chief of Staff of the Army, (3) as a

senior member of the Military Staff Committee of the United

Nations, or (4) in a position of importance and responsibility

designated by the President to carry the grade of general or

lieutenant general under section 3066 of this title'' are

substituted for the words ''while serving in accordance with the

provisions of subsection (b) or (c) of this section''.

In subsection (b), or 10:156c (1st 6, and 9th through 43d, words)

is omitted as covered by 10:1026 (less 24 words before proviso, and

less proviso), since the Medical Service Corps is a branch of the

Army. The references to the Commanding General of the General

Headquarters Air Force are omitted as executed.

In subsection (c), 10:166g(b) (proviso) is omitted as executed.

In subsection (d), the words ''Upon retirement'' are substituted

for the words ''When * * * is retired''. The word ''allowances''

is omitted, since retired officers are not entitled to allowances.

The words ''grade is below brigadier general'' are inserted, since

any permanent professor who has the grade of brigadier general

retires in that grade under section 4335 of this title.

1958 Act

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

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

Large)

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

3962 (No source). (No source).

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

The amendment reflects section 1 of the Act of May 31, 1956, ch.

348 (70 Stat. 222), which in effect amended section 3963 of this

title to cover regular officers covered by section 3962(c).

AMENDMENTS

1996 - Pub. L. 104-106 designated subsec. (b) as entire section

and struck out subsec. (a) which read as follows: ''Upon

retirement, a commissioned officer of the Army who has served (1)

as Chief of Staff to the President, (2) as Chief of Staff of the

Army, (3) as a senior member of the Military Staff Committee of the

United Nations, or (4) as Surgeon General of the Army in the grade

of lieutenant general may, in the discretion of the President, be

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

highest grade in which he served on active duty.''

1980 - Pub. L. 96-343, Sec. 13(a)(3), substituted ''positions''

for ''positions: regular commissioned officers'' in section

catchline.

Subsec. (a). Pub. L. 96-513, Sec. 502(19)(A), as amended by Pub.

L. 97-22, struck out cl. (4) which had referred to service in a

position of importance and responsibility designated by the

President to carry out the grade of general or lieutenant general

under section 3066 of this title, and redesignated cl. (5) as (4).

Pub. L. 96-343, Sec. 13(a)(1), substituted ''Army who has'' for

''Regular Army who has'' and ''in which he served on active duty''

for ''held by him at any time on the active list''.

Subsec. (b). Pub. L. 96-513, Sec. 502(19)(B), (C), redesignated

subsec. (c) as (b). Former subsec. (b), which provided that, upon

retirement, a commissioned officer of the Army who had served at

least four years as chief or assistant chief of a branch was

entitled to retire in the highest grade, prescribed for such an

office, that he had held while so serving, was struck out.

Pub. L. 96-343, Sec. 13(a)(2), struck out ''Regular'' before

''Army''.

Subsec. (c). Pub. L. 96-513, Sec. 502(19)(C), redesignated

subsec. (c) as (b).

1965 - Subsec. (a). Pub. L. 89-288 added the Surgeon General of

the Army to the list of commissioned officers who 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 at any time

on the active list.

1958 - Subsecs. (c), (d). Pub. L. 85-861 redesignated former

subsec. (d) as (c) and repealed former subsec. (c) which related to

retirement of commissioned officers who served as Director or

Deputy Director of the Women's Army Corps, Chief of the Army Nurse

Corps, or Chief or assistant chief of the Women's Medical

Specialist Corps.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

APPOINTMENT BY PRESIDENT OF RETIRED COMMISSIONED OFFICER OF RESERVE

COMPONENT TO HIGHER RETIRED GRADE; RECALCULATION OF PAY

Section 13(c) of Pub. L. 96-343 provided that:

''(1) The President may, by and with the advice and consent of

the Senate, appoint any commissioned officer of a reserve component

of the Armed Forces who retired after December 31, 1967, to the

retired grade in which such officer could have been retired had

such officer retired on or after the date of the enactment of this

Act (Sept. 8, 1980).

''(2) The retired pay of any retired officer who is appointed to

a higher retired grade under paragraph (1) shall be recalculated as

if such officer had retired in the grade to which appointed, but

any increase in such retired pay by virtue of such appointment or

this subsection shall be effective only with respect to periods

beginning on or after the date on which such appointment is made.''

RETIRED GRADE FOR CERTAIN GENERAL OFFICERS

Section 38 of act Aug. 10, 1956, provided that the President, by

and with the advice and consent of the Senate, could extend

privilege granted by former sections 3962(a) and 8962(a) of this

title to retired officers who served in grade of general or

lieutenant general after Dec. 7, 1941, and before July 1, 1946.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 3963 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 369 - RETIRED GRADE

-HEAD-

Sec. 3963. Highest grade held satisfactorily: Reserve enlisted

members reduced in grade not as a result of the member's

misconduct

-STATUTE-

(a) A Reserve enlisted member of the Army described in subsection

(b) who is retired under section 3914 of this title shall be

retired in the highest enlisted grade in which the member served on

active duty satisfactorily (or, in the case of a member of the

National Guard, in which the member served on full-time National

Guard duty satisfactorily), as determined by the Secretary of the

Army.

(b) This section applies to a Reserve enlisted member who -

(1) at the time of retirement is serving on active duty (or, in

the case of a member of the National Guard, on full-time National

Guard duty) in a grade lower than the highest enlisted grade held

by the member while on active duty (or full-time National Guard

duty); and

(2) was previously administratively reduced in grade not as a

result of the member's own misconduct, as determined by the

Secretary of the Army.

(c) This section applies with respect to Reserve enlisted members

who are retired under section 3914 of this title after September

30, 1996.

-SOURCE-

(Added Pub. L. 104-201, div. A, title V, Sec. 532(a)(1), Sept. 23,

1996, 110 Stat. 2518.)

-MISC1-

PRIOR PROVISIONS

A prior section 3963, acts Aug. 10, 1956, ch. 1041, 70A Stat.

230; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(60), (100), 72 Stat.

1462, 1489; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 502(20),

94 Stat. 2910, related to higher grade for service during certain

periods for regular and reserve commissioned officers, prior to

repeal by Pub. L. 99-145, title XIII, Sec. 1301(b)(2)(A), (C), Nov.

8, 1985, 99 Stat. 735, with such repeal not applicable in the case

of a member of the Regular Army described in section 3963 of this

title, as such section was in effect on the day before Nov. 8,

1985.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3991 of this title.

-CITE-

10 USC Sec. 3964 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 369 - RETIRED GRADE

-HEAD-

Sec. 3964. Higher grade after 30 years of service: warrant officers

and enlisted members

-STATUTE-

(a) Each retired member of the Army covered by subsection (b) who

is retired with less than 30 years of active service is entitled,

when his active service plus his service on the retired list totals

30 years, to be advanced on the retired list to the highest grade

in which he served on active duty satisfactorily (or, in the case

of a member of the National Guard, in which he served on full-time

duty satisfactorily), as determined by the Secretary of the Army.

(b) This section applies to -

(1) warrant officers of the Army;

(2) enlisted members of the Regular Army; and

(3) reserve enlisted members of the Army who, at the time of

retirement, are serving on active duty (or, in the case of

members of the National Guard, on full-time National Guard duty).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 231; Pub. L. 85-861, Sec.

1(100), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 98-525, title V, Sec.

533(c), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 100-180, div. A,

title V, Sec. 512(a), Dec. 4, 1987, 101 Stat. 1089.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

3964 10:594 (1st proviso, Aug. 21, 1941, ch.

less last 39 words; 384, Sec. 5 (1st

and last proviso). proviso, less last

10:1004 (less 30 39 words; and last

words before proviso); restated

proviso). June 29, 1948, ch.

708, Sec. 203(c)

(1st proviso, less

last 39 words; and

last proviso), 62

Stat. 1085; May 29,

1954, ch. 249, Sec.

19(f), 68 Stat.

167.

June 29, 1948, ch.

708, Sec. 203(e)

(less 30 words

before proviso), 62

Stat. 1086.

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

The words ''when his active service plus his service on the

retired list totals 30 years'' are substituted for the words ''upon

the completion of thirty years' (years of) service, to include the

sum of his active service and his service on the retired list'', in

10:594 and 1004. The words ''under any provision of law'', in

10:594 and 1004; ''officer, flight officer, or warrant officer'',

in 10:594; and ''commissioned, warrant, or enlisted'', in 10:1004;

are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso)

are omitted as superseded by section 1372 of this title.

1958 Act

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

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

Large)

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

3964 10 App.:1004. May 31, 1956, ch.

348, Sec. 1, 70

Stat. 222.

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

AMENDMENTS

1987 - Pub. L. 100-180 substituted ''warrant officers and

enlisted members'' for ''Army warrant officers; regular enlisted

members'' in section catchline and amended text generally. Prior

to amendment, text read as follows: ''Each warrant officer of the

Army, and each enlisted member of the Regular Army, who is retired

before or after this title is enacted is entitled, when his active

service plus his service on the retired list totals 30 years, to be

advanced on the retired list to the highest grade in which he

served on active duty satisfactorily, as determined by the

Secretary of the Army.''

1984 - Pub. L. 98-525 substituted ''highest grade'' for ''highest

temporary grade''.

1958 - Pub. L. 85-861 struck out '', after September 8, 1940 and

before July 1, 1946'' after ''Secretary of the Army''.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 512(f) of Pub. L. 100-180 provided that: ''The amendments

made by subsections (a) and (c) (amending this section and section

8964 of this title) shall apply to any reserve enlisted member who

completes 30 years of service in the Armed Forces before, on, or

after the date of the enactment of this Act (Dec. 4, 1987). No

person may be paid retired pay at a higher rate by reason of the

enactment of this Act (Pub. L. 100-180, see Tables for

classification) for any period before the date of the enactment of

this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3965, 3992 of this title.

-CITE-

10 USC Sec. 3965 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 369 - RETIRED GRADE

-HEAD-

Sec. 3965. Restoration to former grade: retired warrant officers

and enlisted members

-STATUTE-

Each retired warrant officer or enlisted member of the Army who

has been advanced on the retired list to a higher commissioned

grade under section 3964 of this title, and who applies to the

Secretary of the Army within three months after his advancement,

shall, if the Secretary approves, be restored on the retired list

to his former warrant officer or enlisted status, as the case may

be.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 231; Pub. L. 100-180, div. A,

title V, Sec. 512(d)(1), Dec. 4, 1987, 101 Stat. 1090; Pub. L.

100-456, div. A, title XII, Sec. 1233(i)(1)(A), Sept. 29, 1988,

102 Stat. 2058.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3965 10:1006. June 29, 1948, ch.

708, Sec. 204, 62

Stat. 1086.

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

The words ''hereafter'', ''rank or'', and ''shall thereafter be

deemed to be enlisted or warrant officer personnel, as appropriate,

for all purposes'' are omitted as surplusage. The words ''three

months from June 29, 1948'' and ''whichever is later'' are omitted

as executed.

AMENDMENTS

1988 - Pub. L. 100-456 substituted ''retired'' for ''regular'' in

section catchline.

1987 - Pub. L. 100-180 struck out ''Regular'' before ''Army

who''.

-CITE-

10 USC Sec. 3966 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 369 - RETIRED GRADE

-HEAD-

Sec. 3966. Retired lists

-STATUTE-

(a) The Secretary of the Army shall maintain a retired list

containing the name of each retired commissioned officer of the

Regular Army.

(b) The Secretary shall maintain a retired list containing the

name of -

(1) each person entitled to retired pay under any law providing

retired pay for commissioned officers of the Army, other than of

the Regular Army; and

(2) each retired warrant officer or enlisted member of the Army

who is advanced to a commissioned grade.

(c) The Secretary shall maintain a retired list containing the

name of each retired warrant officer of the Army.

(d) The Secretary shall maintain a retired list containing the

name of each retired enlisted member of the Regular Army.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 231; Pub. L. 85-861, Sec.

1(101), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 100-180, div. A,

title V, Sec. 512(d)(1), Dec. 4, 1987, 101 Stat. 1090.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

3966(a) 3966(b) 10:1001. 10:1036. June 29, 1948, ch.

3966(c) (No source). 708, Sec. 201,

301(a), 62 Stat.

1084, 1087.

3966(d) (No source).

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

In subsections (a), (b), (c) and (d), the word ''maintain'' is

substituted for the word ''establish'', since the lists have been

established and are published annually.

In subsection (a), the words ''Effective upon June 29, 1948'' are

omitted as executed. 10:1001 (last 12 words of 1st sentence, and

last sentence) is omitted as no longer required, since, upon

enactment of this title laws referring to the limited or unlimited

retired list will be expressly repealed.

Subsection (b)(1) is substituted for the words ''all commissioned

officers and former commissioned officers of the Army of the United

States * * * other than those of the Regular Army * * * heretofore

or hereafter granted retirement pay under sections 456, 456a, and

1036a of this title, or any law hereafter enacted to provide

retirement pay for commissioned officers other than those of the

Regular Army''.

In subsection (b)(2), the words ''who is advanced to a

commissioned grade'' are substituted for the words ''heretofore or

hereafter retired under any provision of law who, by reason of

service in temporary commissioned grades in the Army of the United

States * * * or in any of the respective components thereof, are

entitled to be retired with commissioned rank or grade''.

Subsections (c) and (d) are inserted, since sections 3964 and

3965 of this title refer to service on the retired list as a

warrant officer or enlisted member.

1958 Act

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

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

Large)

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

3966(a) 3966(b) 10 App.:1001. 10 July 24, 1956, ch.

App.:1036. 677, Sec. 2(f),

(g), 70 Stat. 623.

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

AMENDMENTS

1987 - Subsec. (b)(2). Pub. L. 100-180 struck out ''Regular''

before ''Army''.

1958 - Pub. L. 85-861 struck out provisions in subsecs. (a) and

(b) which required annual publication in the official Army Register

of the retired list.

-CITE-