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Title 10 — Armed Forces

Part II · Chapter 743 — Retired Grade

§ 7343. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct

Statutory text

(a)

A Reserve enlisted member of the Army described 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 enlisted grade held by the member while on active 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 Reserve enlisted members who are retired under section 7314 of this title after .

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.

  1. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title V § 532(a)(1) · 110 Stat. 2422

    Enacted · 10 U.S.C. § 7343

    Added Pub. L. 104–201, div. A, title V, § 532(a)(1), Sept. 23, 1996, 110 Stat. 2518, § 3963

    Source evidence

    Code source credit
    Added Pub. L. 104–201, div. A, title V, § 532(a)(1), Sept. 23, 1996, 110 Stat. 2518, § 3963

    Enacted provision · exact public law section
    (1) Chapter 369 of title 10, United States Code, is amended by inserting after section 3962 the following new section: “§3963. 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 described in subsection (b) who is retired under section 3914 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) Applicability. 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 enlisted grade held by the member while on active 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) Applicability. This section applies with respect to Reserve enlisted members who are retired under section 3914 of this title after September 30, 1996.”

  2. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 808(b)(13) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7343

    Pub. L. 115–232, § 808(b)(13), renumbered section 3963 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 808(b)(13), renumbered section 3963 of this title as this section.

    Enacted provision · exact public law section
    (13) Chapter 369.— Sections 3961, 3962, 3963, 3964, 3965, and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively.

    Effective date note
    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.

  3. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 7343(a); 10 U.S.C. § 7343(c)

    Pub. L. 115–232, § 809(a), substituted “section 7314” for “section 3914”

    Source evidence

    Code amendment note
    Subsecs. (a), (c). Pub. L. 115–232, § 809(a), substituted “section 7314” for “section 3914”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    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.

3 of 3 references resolved to an enrolled provision

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 circumstances, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), , 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , 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.

Credits

1996–2018 · 2 acts
  1. 1996Added Pub. L. 104–201, div. A, title V, § 532(a)(1), , 110 Stat. 2518, § 3963
  2. 2018renumbered § 7343 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(13), 809(a), , 132 Stat. 1839, 1840.
Show as published

(Added Pub. L. 104–201, div. A, title V, § 532(a)(1), , 110 Stat. 2518, § 3963; renumbered § 7343 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(13), 809(a), , 132 Stat. 1839, 1840.)

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