§ 1373 - Higher grade for later physical disability: retired officers recalled to active duty

CHAPTER 69— RETIRED GRADE

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.

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 137337:272(d) (last proviso, as applicable to retired grade).37:279 (as applicable to 37:272(d) (last proviso)).Oct. 12, 1949, ch. 681, §§ 402(d) (last proviso, as applicable to retired grade), 409 (as applicable to § 402(d) (last 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).

Editorial Notes

Amendments

1980—Pub. L. 96–342 inserted reference to section 1402a(d) of this title.