10 U.S.C. § 7342 — Higher grade for service in special posi-

Page 3032 TITLE 10—ARMED FORCES § 7342 named in the source credits above is necessarily im- plied from laws providing for retirement in higher grade in those situations. Editorial Notes PRIOR PROVISIONS A prior section 7341, act Aug. 10, 1956, ch. 1041, 70A Stat. 453, related to authorized number of naval air- planes and lighter-than-air crafts, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 508(b)(2)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘The retired grade of a regular commis- sioned officer of the Army who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Army who retires other than for physical disability, is determined under sec- tion 1370 of this title.’’ Subsec. (b). Pub. L. 116–283, § 508(b)(2)(B), substituted ‘‘the member’’ for ‘‘he’’ and ‘‘the member’s’’ for ‘‘his’’. 2018—Pub. L. 115–232 renumbered section 3961 of this title as this section. 2000—Subsec. (a). Pub. L. 106–398 struck out ‘‘or for nonregular service under chapter 1223 of this title’’ be- fore ‘‘, is determined’’. 1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘chapter 1223’’ for ‘‘chapter 67’’. 1980—Pub. L. 96–513 added subsec. (a), designated ex- isting provisions as subsec. (b), and inserted ‘‘not cov- ered by subsection (a)’’ after ‘‘Regular or Reserve of the Army’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title V, § 506(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and section 8961 of this title] shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of title 10, United States Code, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after October 1, 1996.’’ EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 7342. Higher grade for service in special posi- tions Upon retirement, any permanent professor of the United States Military Academy whose grade is below brigadier general, and whose serv- ice as such a professor has been long and distin- guished, may, in the discretion of the President, be retired in the grade of brigadier general. (Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3962; Pub. L. 85–861, § 1(99), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 89–288, § 2, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96–343, § 13(a)(1)–(3), Sept. 8, 1980, 94 Stat. 1131; Pub. L. 96–513, title V, § 502(19), Dec. 12, 1980, 94 Stat. 2910; Pub. L. 97–22, § 10(a)(2)(B), July 10, 1981, 95 Stat. 136; Pub. L. 104–106, div. A, title V, § 502(c), (d)(1), Feb. 10, 1996, 110 Stat. 293; renum- bered § 7342, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3962(a) ..... 3962(b) ..... 3962(c) ..... 3962(d) ..... 10:506b(d) (less 1st and last provisos). 10:156c (1st 6, and 9th through 43d, words). 10:1026 (less 24 words be- fore proviso, and less proviso). 10:166g(b) (1st 5, and 8th through 76th, words; and proviso). 10:316b(b) (1st 6, and 9th through 54th, words). 10:1079a(b) (less proviso). Aug. 4, 1947, ch. 459, § 102(c) (1st 6, and 9th through 43d, words), 61 Stat. 735. June 3, 1916, ch. 134, § 4c (less 24 words before proviso, and less pro- viso); added June 4, 1920, ch. 227, § 4 (less last 18 words of 4th sentence of 7th par.); June 6, 1924, ch. 275, § 2; July 2, 1926, ch. 721, § 7; Apr. 22, 1938, ch. 167; May 12, 1939, ch. 127 (less 75th through 91st words); Oct. 14, 1940, ch. 858, § 1 (less last 26 words); restated June 29, 1945, ch. 197 (less 24 words before proviso, and less proviso); re- stated Aug. 7, 1947, ch. 512, § 513(c) (less 24 words before proviso, and less proviso), 61 Stat. 902. Aug. 7, 1947, ch. 512, §§ 504(d) (less 1st and last provisos), 520(b) (less proviso), 61 Stat. 888, 912. Apr. 16, 1947, ch. 38, § 108(b) (1st 5, and 8th through 76th, words; and proviso); restated May 16, 1950, ch. 186, § 3(d)(b) (1st 5, and 8th through 76th, words; and proviso), 64 Stat. 161. June 12, 1948, ch. 449, § 103(b) (1st 6, and 9th through 54th, words), 62 Stat. 357. In subsection (a), the words ‘‘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 Presi- dent to carry the grade of general or lieutenant general under section 3066 of this title’’ are substituted for the words ‘‘while serving in accordance with the provisions of subsection (b) or (c) of this section’’. In subsection (b), or 10:156c (1st 6, and 9th through 43d, words) is omitted as covered by 10:1026 (less 24 words before proviso, and less proviso), since the Med- ical Service Corps is a branch of the Army. The ref- erences to the Commanding General of the General Headquarters Air Force are omitted as executed. In subsection (c), 10:166g(b) (proviso) is omitted as ex- ecuted. In subsection (d), the words ‘‘Upon retirement’’ are substituted for the words ‘‘When * * * is retired’’. The word ‘‘allowances’’ is omitted, since retired officers are not entitled to allowances. The words ‘‘grade is below brigadier general’’ are inserted, since any permanent professor who has the grade of brigadier general retires in that grade under section 4335 of this title. Page 3033 TITLE 10—ARMED FORCES § 7343 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3962 ......... [No source]. [No source]. The amendment reflects section 1 of the Act of May 31, 1956, ch. 348 (70 Stat. 222), which in effect amended section 3963 of this title to cover regular officers cov- ered by section 3962(c). Editorial Notes PRIOR PROVISIONS A prior section 7342, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to percentage of naval aircraft re- quired to be constructed or manufactured in United States plants, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3962 of this title as this section. 1996—Pub. L. 104–106 designated subsec. (b) as entire section and struck out subsec. (a) which read as fol- lows: ‘‘Upon retirement, a commissioned officer of the Army who has served (1) as Chief of Staff to the Presi- dent, (2) as Chief of Staff of the Army, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Army in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty.’’ 1980—Pub. L. 96–343, § 13(a)(3), substituted ‘‘positions’’ for ‘‘positions: regular commissioned officers’’ in sec- tion catchline. Subsec. (a). Pub. L. 96–513, § 502(19)(A), as amended by Pub. L. 97–22, struck out cl. (4) which had referred to service in a position of importance and responsibility designated by the President to carry out the grade of general or lieutenant general under section 3066 of this title, and redesignated cl. (5) as (4). Pub. L. 96–343, § 13(a)(1), substituted ‘‘Army who has’’ for ‘‘Regular Army who has’’ and ‘‘in which he served on active duty’’ for ‘‘held by him at any time on the ac- tive list’’. Subsec. (b). Pub. L. 96–513, § 502(19)(B), (C), redesig- nated subsec. (c) as (b). Former subsec. (b), which pro- vided that, upon retirement, a commissioned officer of the Army who had served at least four years as chief or assistant chief of a branch was entitled to retire in the highest grade, prescribed for such an office, that he had held while so serving, was struck out. Pub. L. 96–343, § 13(a)(2), struck out ‘‘Regular’’ before ‘‘Army’’. Subsec. (c). Pub. L. 96–513, § 502(19)(C), redesignated subsec. (c) as (b). 1965—Subsec. (a). Pub. L. 89–288 added the Surgeon General of the Army to the list of commissioned offi- cers who may, in the discretion of the President, be re- tired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the ac- tive list. 1958—Subsecs. (c), (d). Pub. L. 85–861 redesignated former subsec. (d) as (c) and repealed former subsec. (c) which related to retirement of commissioned officers who served as Director or Deputy Director of the Wom- en’s Army Corps, Chief of the Army Nurse Corps, or Chief or assistant chief of the Women’s Medical Spe- cialist Corps. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. APPOINTMENT BY PRESIDENT OF RETIRED COMMISSIONED OFFICER OF RESERVE COMPONENT TO HIGHER RETIRED GRADE; RECALCULATION OF PAY Pub. L. 96–343, § 13(c), Sept. 8, 1980, 94 Stat. 1132, pro- vided that: ‘‘(1) The President may, by and with the advice and consent of the Senate, appoint any commissioned offi- cer of a reserve component of the Armed Forces who re- tired after December 31, 1967, to the retired grade in which such officer could have been retired had such of- ficer retired on or after the date of the enactment of this Act [Sept. 8, 1980]. ‘‘(2) The retired pay of any retired officer who is ap- pointed to a higher retired grade under paragraph (1) shall be recalculated as if such officer had retired in the grade to which appointed, but any increase in such retired pay by virtue of such appointment or this sub- section shall be effective only with respect to periods beginning on or after the date on which such appoint- ment is made.’’ § 7343. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct (a) A Reserve enlisted member of the Army de- scribed in subsection (b) who is retired under section 7314 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Army. (b) This section applies to a Reserve enlisted member who— (1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest en- listed grade held by the member while on ac- tive duty (or full-time National Guard duty); and (2) was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Army. (c) This section applies with respect to Re- serve enlisted members who are retired under section 7314 of this title after September 30, 1996. (Added Pub. L. 104–201, div. A, title V, § 532(a)(1), Sept. 23, 1996, 110 Stat. 2518, § 3963; renumbered § 7343 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.) Editorial Notes PRIOR PROVISIONS A prior section 7343, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to manufacture of naval aircraft at plants owned by United States under certain cir- cumstances, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708. AMENDMENTS 2018—Pub. L. 115–232, § 808(b)(13), renumbered section 3963 of this title as this section. Subsecs. (a), (c). Pub. L. 115–232, § 809(a), substituted ‘‘section 7314’’ for ‘‘section 3914’’.