
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: 10USC3963]

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

(Added Pub. L. 104-201, div. A, title V, Sec. 532(a)(1), Sept. 23, 1996, 
110 Stat. 2518.)


                            Prior Provisions

    A prior section 3963, acts Aug. 10, 1956, ch. 1041, 70A Stat. 230; 
Sept. 2, 1958, Pub. L. 85-861, Sec. 1(60), (100), 72 Stat. 1462, 1489; 
Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 502(20), 94 Stat. 2910, 
related to higher grade for service during certain periods for regular 
and reserve commissioned officers, prior to repeal by Pub. L. 99-145, 
title XIII, Sec. 1301(b)(2)(A), (C), Nov. 8, 1985, 99 Stat. 735, with 
such repeal not applicable in the case of a member of the Regular Army 
described in section 3963 of this title, as such section was in effect 
on the day before Nov. 8, 1985.

                  Section Referred to in Other Sections

    This section is referred to in section 3991 of this title.
