Page:United States Statutes at Large Volume 70A.djvu/163

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105

105 § 1372. Grade on retirement for physical disability: members of armed forces 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 his physical examination for promotion. (4) The temporary grade to whicn 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 cumiilntive years of service or years of service in grade and the disability was discovered as a result of his physical examination for promotion. § 1373. Higher g r a d e for l a t e r physical disability: retired officers recalled to active d u t y 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) 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. §1375.

Entitlement to commission: commissioned officers ad-* vanced on retired list 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.

§1376. Retired lists (a) 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. (b) 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. The list shall be published annually in the official register or other official publication of the armed force concerned.