
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: 10USC6483]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 575--RECALL TO ACTIVE DUTY
 
Sec. 6483. Retired members: grade

    An officer who has been advanced on the retired list or in the 
Retired Reserve under former section 6150 of this title to a grade above 
captain in the Navy or above colonel in the Marine Corps, when recalled 
to active duty, may, in the discretion of the Secretary of the Navy, be 
recalled either in the grade he holds on the retired list or in the 
Retired Reserve or in the grade from which he was advanced.

(Aug. 10, 1956, ch. 1041, 70A Stat. 417; Pub. L. 85-422, Sec. 6(5), May 
20, 1958, 72 Stat. 129; Pub. L. 88-132, Sec. 5(m), Oct. 2, 1963, 77 
Stat. 215; Pub. L. 90-623, Sec. 2(10), Oct. 22, 1968, 82 Stat. 1314; 
Pub. L. 96-513, title III, Sec. 363, Dec. 12, 1980, 94 Stat. 2903.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6483..................................  34 U.S.C. 410n (1st proviso).        Au
g. 7, 1947, ch. 512, Sec.  412(a)
                                                                              (
1st proviso), 61 Stat. 874; Oct.
                                                                              1
2, 1949, ch. 681, Sec.  522(a),
                                                                              6
3 Stat. 835.
                                        50 U.S.C. 1052(c) (2d sentence).     Ju
ly 9, 1952, ch. 608, Sec.  413(c)
                                                                              (
2d sentence), 66 Stat. 500.
-------------------------------------------------------------------------------
---------------------------------

    Subsection (a) states the general rule that a retired officer, when 
recalled to active duty, shall be recalled in the grade he holds on the 
retired list. The rule is derived, not from a specific provision of law, 
but from the fact that special legislative authority is required to 
recall a retired officer in any other grade.
    The desirability of including a positive statement of the rule is 
pointed up by the legislative history of the Act of February 21, 1946, 
ch. 34, Sec. 8(a), 60 Stat. 28, amending the Act of July 24, 1941, ch. 
320, Sec. 10(d), 55 Stat. 605 (34 U.S.C. 350i(d)). The 1946 amendment 
states the rule, but only as to a limited class of retired personnel, 
namely persons temporarily appointed or promoted under the 1941 Act 
while on the retired list. The amendment provided that such persons, 
when released to inactive duty, should be given the highest grade in 
which they had served satisfactorily and, if subsequently recalled to 
active duty, should be recalled in the grade so accorded them. The 
legislative history shows that the bill (S. 1405, 79th Cong., 1st 
sess.), originally was written so as to provide that retired personnel 
should be recalled in their prior permanent grades or ratings instead of 
in the higher grades accorded them on the retired list while on inactive 
duty. When a member of the Naval Affairs Committee of the House of 
Representatives suggested an amendment to allow retired personnel to be 
recalled in the higher grades, the Navy spokesman pointed out that no 
law was required to permit this; in fact, retired personnel would be 
required to be recalled in the grades they hold on the retired list in 
the absence of any law to the contrary. Thus the result desired by the 
committee member could be achieved, simply by deleting the provision 
instead of amending it. After some discussion, however, it was decided 
to adopt the suggested amendment in order not to ``leave things to 
inference'' (H. Rept. No. 158, December 6, 1945, pp. 2290-2292).
    Section 412(a) of the Officer Personnel Act of 1947 (34 U.S.C. 410n) 
(codified, except for the first proviso, in Sec. 6150 of this title), 
supplies a further reason why a positive statement of the rule is 
desirable. That section provides that an officer who has been specially 
commended for the performance of duty in actual combat shall, when 
retired, be placed on the retired list in the grade next higher than 
that in which serving at the time of retirement. The first proviso, 
codified in subsection (b) of this section, provided further that an 
officer advanced under Sec. 412(a) to a flag or general officer grade 
could be recalled either in the advanced grade or in the grade from 
which advanced. The law was silent as to the grade in which other 
officers advanced under Sec. 412(a) should be recalled. It was 
understood that they would be recalled in the advanced grade accorded 
them on the retired list, because there was no authority to recall them 
in any other grade. However, the Comptroller General raised a question 
as to their right to the pay of the higher grade when recalled. Although 
the final decision of the Comptroller General was in favor of the higher 
pay (30 Comp. Gen. 242, December 20, 1950), the fact that the question 
was raised indicates the confusion that results from leaving the rule to 
inference.
    It appears that the rule was never in doubt until after the 
enactment of the two recent laws cited above, one applying the rule to a 
limited class, and one stating a discretionary exception without stating 
the rule itself. These two laws make it more difficult than it was 
formerly to derive the correct conclusion by inference alone.


                               Amendments

    1980--Pub. L. 96-513 struck out provisions formerly set out as 
subsec. (a) which authorized each retired member of the naval service, 
when called to active duty, to be recalled in the grade held by him on 
the retired list and deleted subsec. (b) designation from remaining 
provisions.
    1968--Subsec. (b). Pub. L. 90-623 inserted ``former'' before 
``section 6150''.
    1963--Subsec. (c). Pub. L. 88-132 repealed subsec. (c) which 
provided for recomputation of retired pay of retired members of the 
naval service, recalled to active duty in the higher grade for officers 
specially commended and released from such duty, on basis of the then 
monthly basic pay of the grade held on the retired list after continuous 
2-year period of service. See section 1402 of this title.
    1958--Subsec. (c). Pub. L. 85-422 added subsec. (c).


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the 
authority to prescribe regulations under the amendment by Pub. L. 96-513 
effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out 
as a note under section 101 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government 
Organization and Employees.


                    Effective Date of 1963 Amendment

    Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay 
and Allowances of the Uniformed Services.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of 
Pub. L. 85-422.
