
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1372]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                        CHAPTER 69--RETIRED GRADE
 
Sec. 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104-201, div. A, title 
V, Sec. 577, Sept. 23, 1996, 110 Stat. 2536.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
1372..................................  37:272(d) (104th through 128th       Oc
t. 12, 1949, ch. 681, Secs.
                                         words, as applicable to retired      4
02(d) (104th through 128th words,
                                         grade; and 2d and 5th provisos).     a
s applicable to retired grade;
                                        37:279 (less applicability to         a
nd 2d and 5th provisos), 409
                                         37:272(d) (last proviso)).           (
less applicability to Sec.
                                                                              4
02(d) (last proviso)), 63 Stat.
                                                                              8
18, 823.
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---------------------------------

    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''.


                               Amendments

    1996--Pars. (3), (4). Pub. L. 104-201 substituted ``a physical 
examination'' for ``his physical examination for promotion''.

                  Section Referred to in Other Sections

    This section is referred to in section 1406 of this title.
