10 U.S.C. § 1373

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 1373 - Higher grade for later physical disability: retired officers recalled to active duty

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.

10 U.S.C. § 1373

Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 96-342, title VIII, §813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104.

HISTORICAL AND REVISION NOTE
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1373 37:272(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

AMENDMENTS1980-Pub. L. 96-342 inserted reference to section 1402a(d) of this title.

active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
grade
The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
rank
The term "rank" means the order of precedence among members of the armed forces.