Title 10 — Armed ForcesRelease 119-73not60
§1373 Higher Grade for Later Physical Disability: Retired Officers Recalled to Active Duty
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 69— RETIRED GRADE › § 1373
Summary
If a service member’s retirement pay was figured under section 1402(d) or 1402a(d), they must be put back in the same retired rank that was used to calculate that pay when they leave active duty. That applies only if no other law gives them a higher retired rank.
Full Legal Text
Title 10, §1373
Armed Forces — Source: USLM XML via OLRC
Unless entitled to a higher retired grade under some other provision of law, a member of an armed force whose retired pay is computed under section 1402(d) or 1402a(d) of this title is entitled, upon his release from active duty, to the grade equivalent to the grade or rank upon which his retired pay is based under that section.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 137337:272(d) (last proviso, as applicable to retired grade).37:279 (as applicable to 37:272(d) (last proviso)).Oct. 12, 1949, ch. 681, §§ 402(d) (last proviso, as applicable to retired grade), 409 (as applicable to § 402(d) (last proviso)), 63 Stat. 819, 823. The applicability of the rule stated in 37:279 to all members whose retired pay is computed under 37:272(d) (last proviso) is based on an opinion of the Judge Advocate General of the Army (JAGA 1953/3305, 24 Apr. 1953).
Editorial Notes
Amendments
1980—Pub. L. 96–342 inserted reference to section 1402a(d) of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1373
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60