§ 1373. Higher grade for later physical disability: retired officers recalled to active duty

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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.

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

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).

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Public Law 96–342
To authorize appropriations for fiscal year 1981 for procurement of aircraft, missiles, naval vessels, track combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty com

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U.S. Code

Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980
§ 1402a

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

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§ 1373

Higher grade for later physical disability: retired officers recalled to active duty

Stat.×1

U.S.C.§ 1402a

ActAug. 10, 1956, ch. 1041

Stat.70A Stat. 105

Pub. L.Pub. L. 96–342, title VIII, § 813(b)(3)(C)

Stat.94 Stat. 1104

Pub. L.Pub. L. 96–342

Cites 6Cited by 1 across 1 source