---
kind: "section"
citation: "10 U.S.C. § 1373"
title: "10"
title_heading: "Armed Forces"
number: "1373"
heading: "Higher grade for later physical disability: retired officers recalled to active duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1373"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 69 — Retired Grade"
---

# §1373. Higher grade for later physical disability: retired officers recalled to active duty


Unless entitled to a higher retired [grade](/usc/10/101.md?p=b-7) under some other provision of law, a member of an armed force whose retired [pay](/usc/10/101.md?p=a-15) is computed under section [1402(d)](/usc/10/1402.md?p=d) or [1402a(d)](/usc/10/1402a.md?p=d) of this title is entitled, upon his [release](/usc/10/2700.md?p=2) from [active duty](/usc/10/101.md?p=d-1), to the [grade](/usc/10/101.md?p=b-7) equivalent to the [grade](/usc/10/101.md?p=b-7) or [rank](/usc/10/101.md?p=b-8) upon which his retired [pay](/usc/10/101.md?p=a-15) is based under that section.


## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 96–342, title VIII, § 813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1373 | 37:272(d) (last proviso, as applicable to retired grade).<br>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.