Laws: Cases and Codes : U.S. Code : Title 10 : Section 3963


   
U.S. Code as of: 01/19/04
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) 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 3914 of this title after September
    30, 1996.



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