
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: 10USC3961]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                       CHAPTER 369--RETIRED GRADE
 
Sec. 3961. General rule

    (a) The retired grade of a regular commissioned officer of the Army 
who retires other than for physical disability, and the retired grade of 
a reserve commissioned officer of the Army who retires other than for 
physical disability, is determined under section 1370 of this title.
    (b) Unless entitled to a higher retired grade under some other 
provision of law, a Regular or Reserve of the Army not covered by 
subsection (a) who retires other than for physical disability retires in 
the regular or reserve grade that he holds on the date of his 
retirement.

(Aug. 10, 1956, ch. 1041, 70A Stat. 230; Pub. L. 96-513, title V, 
Sec. 502(18), Dec. 12, 1980, 94 Stat. 2910; Pub. L. 103-337, div. A, 
title XVI, Sec. 1672(c)(2), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 106-
398, Sec. 1 [[div. A], title V, Sec. 506(a)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-102.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3961..................................  10:941a(a)(3) (31st through 42d      Au
g. 7, 1947, ch. 512, Secs.
                                         words; and proviso, as applicable    5
14(a)(3) (31st through 42d words;
                                         to retired grade).                   a
nd proviso, as applicable to
                                        10:941a(e) (17th through 25th words   r
etired grade), 514(e) (17th
                                         of clause (1); and 1st proviso of    t
hrough 25th words of clause (1);
                                         clause (1), as applicable to         a
nd 1st proviso of clause (1), as
                                         retired grade).                      a
pplicable to retired grade), 61
                                        10:947a (last 11 words).              S
tat. 893, 902.
                                        10:1025.
                                        10:1026 (proviso).                   Fe
b. 14, 1885, ch. 67 (43d through
                                                                              5
3d words); restated Sept. 30,
                                                                              1
890, ch. 1125 (43d through 53d
                                                                              w
ords), 26 Stat. 504.
                                        ...................................  R.
S. 1254.
                                        ...................................  Ju
ne 3, 1916, ch. 134, Sec.  4c
                                                                              (
proviso); added June 29, 1945,
                                                                              c
h. 197 (proviso); restated Aug.
                                                                              7
, 1947, ch. 512, Sec.  513(c)
                                                                              (
proviso), 61 Stat. 902.
-------------------------------------------------------------------------------
---------------------------------

    The applicability of the rule stated in the revised section to 
situations not expressly covered by the laws named in the source credits 
above is necessarily implied from laws providing for retirement in 
higher grade in those situations.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398 struck out ``or for nonregular 
service under chapter 1223 of this title'' before ``, is determined''.
    1994--Subsec. (a). Pub. L. 103-337 substituted ``chapter 1223'' for 
``chapter 67''.
    1980--Pub. L. 96-513 added subsec. (a), designated existing 
provisions as subsec. (b), and inserted ``not covered by subsection 
(a)'' after ``Regular or Reserve of the Army''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 506(c)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-102, provided that: ``The amendments made by 
subsections (a) and (b) [amending this section and section 8961 of this 
title] shall apply to Reserve commissioned officers who are promoted to 
a higher grade as a result of selection for promotion by a board 
convened under chapter 36 or 1403 of title 10, United States Code, or 
having been found qualified for Federal recognition in a higher grade 
under chapter 3 of title 32, United States Code, after October 1, 
1996.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.
