10 U.S.C. § 1372 — Grade on retirement for physical disability: members of armed forces
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 228 words · no verdicts yet
A service member retired for physical disability receives the highest applicable grade among four listed grades, unless another law gives a higher retired grade. The choices depend on the member’s current, satisfactory temporary, expected permanent, or expected temporary promotion grade.
Unless another law gives a higher retired grade*, a member retired for physical disability under section 1201 or 1204, or placed on the temporary disability retired list under section 1202 or 1205, receives the grade equal to the highest of: (1) the grade or rank* held when placed on that list, or, if not placed on it, when retired; (2) the highest temporary grade or rank in which the Secretary of the member's service finds the member served satisfactorily; (3) the permanent regular or reserve grade to which the member would have been promoted but for the disabling condition found by examination; or (4) the temporary grade to which the member would have been promoted but for that condition, when promotion eligibility had to be based on cumulative service years or years in grade and the condition was found by examination.
Unless entitled to a higher retired grade* under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
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.
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.
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.
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 examination.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, § 577, Sept. 23, 1996, 110 Stat. 2536.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2536
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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