
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3962]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                       CHAPTER 369--RETIRED GRADE
 
Sec. 3962. Higher grade for service in special positions

    Upon retirement, any permanent professor of the United States 
Military Academy whose grade is below brigadier general, and whose 
service as such a professor has been long and distinguished, may, in the 
discretion of the President, be retired in the grade of brigadier 
general.

(Aug. 10, 1956, ch. 1041, 70A Stat. 230; Pub. L. 85-861, Sec. 1(99), 
Sept. 2, 1958, 72 Stat. 1489; Pub. L. 89-288, Sec. 2, Oct. 22, 1965, 79 
Stat. 1050; Pub. L. 96-343, Sec. 13(a)(1)-(3), Sept. 8, 1980, 94 Stat. 
1131; Pub. L. 96-513, title V, Sec. 502(19), Dec. 12, 1980, 94 Stat. 
2910; Pub. L. 97-22, Sec. 10(a)(2)(B), July 10, 1981, 95 Stat. 136; Pub. 
L. 104-106, div. A, title V, Sec. 502(c), (d)(1), Feb. 10, 1996, 110 
Stat. 293.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3962(a)...............................  10:506b(d) (less 1st and last        Au
g. 4, 1947, ch. 459, Sec.  102(c)
                                         provisos).                           (
1st 6, and 9th through 43d,
3962(b)...............................  10:156c (1st 6, and 9th through       w
ords), 61 Stat. 735.
                                         43d, words).                        Ju
ne 3, 1916, ch. 134, Sec.  4c
                                        10:1026 (less 24 words before         (
less 24 words before proviso, and
                                         proviso, and less proviso).          l
ess proviso); added June 4, 1920,
                                        10:166g(b) (1st 5, and 8th through    c
h. 227, Sec.  4 (less last 18
3962(c)...............................   76th, words; and proviso).           w
ords of 4th sentence of 7th
                                        10:316b(b) (1st 6, and 9th through    p
ar.); June 6, 1924, ch. 275, Sec.
                                         54th, words).                         
2; July 2, 1926, ch. 721, Sec.
                                        10:1079a(b) (less proviso).           7
; Apr. 22, 1938, ch. 167; May 12,
                                                                              1
939, ch. 127 (less 75th through
3962(d)...............................                                        9
1st words); Oct. 14, 1940, ch.
                                                                              8
58, Sec.  1 (less last 26 words);
                                                                              r
estated June 29, 1945, ch. 197
                                                                              (
less 24 words before proviso, and
                                                                              l
ess proviso); restated Aug. 7,
                                                                              1
947, ch. 512, Sec.  513(c) (less
                                                                              2
4 words before proviso, and less
                                                                              p
roviso), 61 Stat. 902.
                                        ...................................  Au
g. 7, 1947, ch. 512, Secs.
                                                                              5
04(d) (less 1st and last
                                                                              p
rovisos), 520(b) (less proviso),
                                                                              6
1 Stat. 888, 912.
                                        ...................................  Ap
r. 16, 1947, ch. 38, Sec.  108(b)
                                                                              (
1st 5, and 8th through 76th,
                                                                              w
ords; and proviso); restated May
                                                                              1
6, 1950, ch. 186, Sec.  3(d)(b)
                                                                              (
1st 5, and 8th through 76th,
                                                                              w
ords; and proviso), 64 Stat. 161.
                                        ...................................  Ju
ne 12, 1948, ch. 449, Sec.
                                                                              1
03(b) (1st 6, and 9th through
                                                                              5
4th, words), 62 Stat. 357.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``who has served (1) as Chief of Staff 
to the President, (2) as Chief of Staff of the Army, (3) as a senior 
member of the Military Staff Committee of the United Nations, or (4) in 
a position of importance and responsibility designated by the President 
to carry the grade of general or lieutenant general under section 3066 
of this title'' are substituted for the words ``while serving in 
accordance with the provisions of subsection (b) or (c) of this 
section''.
    In subsection (b), or 10:156c (1st 6, and 9th through 43d, words) is 
omitted as covered by 10:1026 (less 24 words before proviso, and less 
proviso), since the Medical Service Corps is a branch of the Army. The 
references to the Commanding General of the General Headquarters Air 
Force are omitted as executed.
    In subsection (c), 10:166g(b) (proviso) is omitted as executed.
    In subsection (d), the words ``Upon retirement'' are substituted for 
the words ``When * * * is retired''. The word ``allowances'' is omitted, 
since retired officers are not entitled to allowances. The words ``grade 
is below brigadier general'' are inserted, since any permanent professor 
who has the grade of brigadier general retires in that grade under 
section 4335 of this title.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3962..................................  [No source].                         [N
o source].
-------------------------------------------------------------------------------
---------------------------------

    The amendment reflects section 1 of the Act of May 31, 1956, ch. 348 
(70 Stat. 222), which in effect amended section 3963 of this title to 
cover regular officers covered by section 3962(c).


                               Amendments

    1996--Pub. L. 104-106 designated subsec. (b) as entire section and 
struck out subsec. (a) which read as follows: ``Upon retirement, a 
commissioned officer of the Army who has served (1) as Chief of Staff to 
the President, (2) as Chief of Staff of the Army, (3) as a senior member 
of the Military Staff Committee of the United Nations, or (4) as Surgeon 
General of the Army in the grade of lieutenant general may, in the 
discretion of the President, be retired, by and with the advice and 
consent of the Senate, in the highest grade in which he served on active 
duty.''
    1980--Pub. L. 96-343, Sec. 13(a)(3), substituted ``positions'' for 
``positions: regular commissioned officers'' in section catchline.
    Subsec. (a). Pub. L. 96-513, Sec. 502(19)(A), as amended by Pub. L. 
97-22, struck out cl. (4) which had referred to service in a position of 
importance and responsibility designated by the President to carry out 
the grade of general or lieutenant general under section 3066 of this 
title, and redesignated cl. (5) as (4).
    Pub. L. 96-343, Sec. 13(a)(1), substituted ``Army who has'' for 
``Regular Army who has'' and ``in which he served on active duty'' for 
``held by him at any time on the active list''.
    Subsec. (b). Pub. L. 96-513, Sec. 502(19)(B), (C), redesignated 
subsec. (c) as (b). Former subsec. (b), which provided that, upon 
retirement, a commissioned officer of the Army who had served at least 
four years as chief or assistant chief of a branch was entitled to 
retire in the highest grade, prescribed for such an office, that he had 
held while so serving, was struck out.
    Pub. L. 96-343, Sec. 13(a)(2), struck out ``Regular'' before 
``Army''.
    Subsec. (c). Pub. L. 96-513, Sec. 502(19)(C), redesignated subsec. 
(c) as (b).
    1965--Subsec. (a). Pub. L. 89-288 added the Surgeon General of the 
Army to the list of commissioned officers who may, in the discretion of 
the President, be retired, by and with the advice and consent of the 
Senate, in the highest grade held by him at any time on the active list.
    1958--Subsecs. (c), (d). Pub. L. 85-861 redesignated former subsec. 
(d) as (c) and repealed former subsec. (c) which related to retirement 
of commissioned officers who served as Director or Deputy Director of 
the Women's Army Corps, Chief of the Army Nurse Corps, or Chief or 
assistant chief of the Women's Medical Specialist Corps.


                    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.


  Appointment by President of Retired Commissioned Officer of Reserve 
         Component to Higher Retired Grade; Recalculation of Pay

    Section 13(c) of Pub. L. 96-343 provided that:
    ``(1) The President may, by and with the advice and consent of the 
Senate, appoint any commissioned officer of a reserve component of the 
Armed Forces who retired after December 31, 1967, to the retired grade 
in which such officer could have been retired had such officer retired 
on or after the date of the enactment of this Act [Sept. 8, 1980].
    ``(2) The retired pay of any retired officer who is appointed to a 
higher retired grade under paragraph (1) shall be recalculated as if 
such officer had retired in the grade to which appointed, but any 
increase in such retired pay by virtue of such appointment or this 
subsection shall be effective only with respect to periods beginning on 
or after the date on which such appointment is made.''


               Retired Grade for Certain General Officers

    Section 38 of act Aug. 10, 1956, provided that the President, by and 
with the advice and consent of the Senate, could extend privilege 
granted by former sections 3962(a) and 8962(a) of this title to retired 
officers who served in grade of general or lieutenant general after Dec. 
7, 1941, and before July 1, 1946.

                  Section Referred to in Other Sections

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