10 U.S.C. § 1372 — Grade on retirement for physical dis-

Page 1289 TITLE 10—ARMED FORCES § 1375 warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a pe- riod of more than 30 days.’’ Statutory Notes and Related Subsidiaries PUBLIC HEALTH SERVICE Authority vested by this chapter in ‘‘military depart- ments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exercised, with respect to commis- sioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see sec- tion 213a of Title 42, The Public Health and Welfare. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by this chapter in ‘‘military depart- ments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exercised, with respect to commis- sioned officer corps of National Oceanic and Atmos- pheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navi- gation and Navigable Waters. § 1372. Grade on retirement for physical dis- ability: 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 dis- ability under section 1201 or 1204 of this title, or whose name is placed on the temporary dis- ability 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 a physical examination. (4) The temporary grade to which 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 cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examina- tion. (Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, § 577, Sept. 23, 1996, 110 Stat. 2536.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1372 ......... 37:272(d) (104th through 128th words, as applica- ble to retired grade; and 2d and 5th pro- visos). 37:279 (less applicability to 37:272(d) (last pro- viso)). Oct. 12, 1949, ch. 681, §§ 402(d) (104th through 128th words, as applica- ble to retired grade; and 2d and 5th pro- visos), 409 (less applica- bility to § 402(d) (last proviso)), 63 Stat. 818, 823. Clause (1) is substituted for 37:272(d) (104th through 128th words, as applicable to retired grade). The words ‘‘if his name was not carried on that list’’ are sub- stituted for the words ‘‘whichever is earlier’’. Editorial Notes AMENDMENTS 1996—Pars. (3), (4). Pub. L. 104–201 substituted ‘‘a physical examination’’ for ‘‘his physical examination for promotion’’. § 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 sec- tion. (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 NOTES 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 applica- ble to § 402(d) (last pro- viso)), 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 Advo- cate General of the Army (JAGA 1953/3305, 24 Apr. 1953). Editorial Notes AMENDMENTS 1980—Pub. L. 96–342 inserted reference to section 1402a(d) of this title. [§ 1374. Repealed. Pub. L. 103–337, div. A, title XVI, § 1662(k)(2), Oct. 5, 1994, 108 Stat. 3006] Section, added Pub. L. 85–861, § 1(29), Sept. 2, 1958, 72 Stat. 1451; amended Pub. L. 86–559, § 1(4), June 30, 1960, 74 Stat. 265; Pub. L. 99–661, div. A, title V, § 508(d)(2), Nov. 14, 1986, 100 Stat. 3867, related to reserve commis- sioned officers’ grade on retirement or transfer to Re- tired Reserve. See sections 12771 to 12773 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 1375. Entitlement to commission: commissioned officers advanced on retired list A commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is advanced on a retired list is entitled to a com- mission in the grade to which he is advanced. (Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(W), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1375 ......... 10:1014. 34:394. Mar. 4, 1911, ch. 266, 36 Stat. 1354.