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
HISTORICAL AND REVISION NOTE | ||
Revised section | Source (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. |
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.