(a) Grade on Transfer.— Unless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by section
12774(a) of this title in the highest grade in which he served satisfactorily, as determined by the Secretary concerned and in accordance with section
1370(d), in the armed force in which he is serving on the date of transfer.
(b) Effect of Subsequent Recall to Active Status.—
(1)If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section
10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in section
1370(d) of this title.
(2)The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
(A)is recalled to serve in a position of adjutant general required under section
314 of title
32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;
(B)completes at least one year of service in such position; and
(C)fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section
324(b) of title
Provisions similar to those in this section were contained in section
1374(b), (f) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2).
2009—Pub. L. 111–84designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. L. 103–337, set out as a note under section
10001 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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