Laws: Cases and Codes : U.S. Code : Title 10 : Section 1372


   
U.S. Code as of: 01/19/04
Section 1372. Grade on retirement for physical disability: 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 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:
        (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
      examination.



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