Title 10 — Armed Forces
Part II · Chapter 69 — Retired Grade
§ 1372. Grade on retirement for physical disability: members of armed forces
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 105 · 70A Stat. 105
Enacted · 10 U.S.C. § 1372
Aug. 10, 1956, ch. 1041, 70A Stat. 105
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 105National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 div. A title V § 577 · 110 Stat. 2422
Substituted · 10 U.S.C. § 1372(3); 10 U.S.C. § 1372(4)
Pub. L. 104–201 substituted “a physical examination” for “his physical examination for promotion”
Source evidence
Code amendment note
Pars. (3), (4). Pub. L. 104–201 substituted “a physical examination” for “his physical examination for promotion”.Enacted provision · exact public law section
SEC. 577. RETIREMENT AT GRADE TO WHICH SELECTED FOR PROMOTION WHEN A PHYSICAL DISABILITY IS FOUND AT ANY PHYSICAL EXAMINATION. Section 1372 of title 10, United States Code, is amended by striking out “his physical examination for promotion” in paragraphs (3) and (4) and inserting in lieu thereof “a physical examination”.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1372 | 37:272(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos).37:279 (less applicability to 37:272(d) (last proviso)). | Oct. 12, 1949, ch. 681, §§ 402(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos), 409 (less applicability 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 substituted 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”.
Credits
1956–1996 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 105
- 1996Pub. L. 104–201, div. A, title V, § 577, , 110 Stat. 2536.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, § 577, , 110 Stat. 2536.)