Page:United States Statutes at Large Volume 70A.djvu/156

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98

98 his name was placed on the temporary disability retired list, or in the next higher enlisted grade; and (5) if a member of a reserve component, be reappointed or reenlisted in his reserve component in the grade permanently held by him when his name was placed on the temporary disability retired list or, if that permanent grade is not chief petty officer or master sergeant, in the next higher grade in that reserve oomponent. (c) If a member is appointed, reappointed, enlisted, or reenlisted, or resumes his status in the Fleet Reserve or the Fleet Marine Corps Reserve, under subsection (a) or (b), his status on the temporary disability retired list terminates on the date of his appointment, reappointment, enlistment, reenlistment, or resumption, as the case may be. However, if such a member does not consent to the action proposed under subsection (a) or (b), his status on the temporary disability retired list and his disability retired pay shall be terminated as soon as practicable. (d) Disability retired pay of a member covered by this section terminates— (1) on the date when he is recalled to active duty under subsection (a)(1) or (2) or subsection (b)(1), (2), or (3), for an officer of a regular component; (2) on the date when he resumes his status in the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)(5), for a member of the Fleet Reserve or the Fleet Marine Corps Reserve; and (3) on the date when he is appointed, reappointed, enlisted, or reenlisted, for any other member of the armed forces. (e) AVlienever seniority in grade or years of service is a factor in determining the qualifications of a member of the armed forces for promotion, each member who has been appointed, reappointed, enlisted, or reenlisted, under subsection (a) or (b), shall, when his name is placed on a lineal list, a promotion list, or any similar list, have the seniority in grade and be credited with the years of service authorized by the Secretary concerned. The authorized strength in any regular grade is automatically increased to the minimum extent necevSsary to give effect to each appointment made in that grade under this section. An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under this section, may be made in that grade. (f) Action under this section shall be taken on a fair and equitable basis, with regard being given to the probable opportunities for advancement and promotion that the member might reasonably have had if his name had not been placed on the temporary disability retired list. § 1212. Disability severance pay (a) Upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying (1) his years of service, but not more than 12, computed under section 1208 of this title, by (2) the highest of the following amounts: