Page:United States Statutes at Large Volume 70A.djvu/288

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230 § 3929. Computation of retired pay: law applicable A member of the Army retired under this chapter is entitled to retired pay computed under chapter 371 of this title. CHAPTER 369.—RETIRED GRADE Sec.

5961. General rule, 3962. Higher grade for service in special positions: regular commissioned officers. 5963. Higher grade for service during certain periods: regular and reserve commissioned officers. 3964. Higher grade after 30 years of service: Army warrant officers; regular enlisted members. 5965. Restoration to former grade: regular warrant officers and enlisted members. 3966. Retired lists.

§ 3961. General rule Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement. §3962.

Higher grade for service in special positions: regular commissioned officers (a) Upon retirement, a commissioned officer of the Regular 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) 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 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. (b) Upon retirement, a commissioned officer of the Regular Army who has served at least four years as chief or assistant chief of a branch is entitled to retire in the highest grade, prescribed for such an office, that he held while so serving. (c) Upon retirement, a commissioned officer of the Regular Army who has served at least two and one-half years as Director or Deputy Director of the Women's Army Corps, Chief of the Army Nurse Corps, or Chief or an assistant chief of the Women's Medical Specialist Corps may, in the discretion of the President, be retired in the higliest grade held by her while so serving, unless she is entitled to a higher retired grade under some other provision of law. (d) 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. § 3963. Higher grade for service during certain periods; regular and reserve commissioned officers (a) A regular commissioned officer who is retired, or a reserve commissioned officer who is retired or to whom retired pay is granted,