Page:United States Statutes at Large Volume 62 Part 1.djvu/1116

 PUBLIC LAWS-CH. 708-JUNE 29,1948 Enlisted men with 30 years' service. Disability retire- ment. Advancement of officers on retired list. Limitation. Restoration to for- mer status. Anle, p. 1085; supra. Regulations. Back pay or allow- ances grade in which, or to the highest relative or commissioned rank with which, she served satisfactorily on active duty, as determined by the Secretary of the Army, during the period September 9, 1940, to June 30, 1946, whichever is higher, and shall receive retired pay at the rate prescribed by law computed on the basis of the base and longevity pay which she would receive if serving on active duty in such grade or with such relative or commissioned rank. (e) Each enlisted man of the Regular Army or the Regular Air Force heretofore or hereafter retired under any provision of law, shall upon the completion of thirty years of service, to include the sum of his active service and his service on the retired list, be advanced to the highest temporary commission, warrant, or enlisted grade satisfactorily held by him while serving on active duty, as determined by the cogni- zant Secretary, during the period September 9, 1940, to June 30, 1946, and shall receive retirement pay at the rate prescribed by law for his length of service at the time of retirement but based upon such higher temporary rank or grade: Provided,That any enlisted man heretofore or hereafter retired for disability incident to service, if entitled to advanced retired grade and increased retired pay under the provisions of this title, shall receive such advanced grade and increased pay effective upon the enactment of this Act or upon his retirement, which- ever is later. (f) Each commissioned officer of the Regular Army or of any reserve component of the Army of the United States, and each com- missioned officer of the Regular Air Force or of any reserve com- ponent of the Air Force of the United States, retired or granted retirement pay under any provision of law on or after August 7, 1947, but not later than January 1, 1957, while serving on active duty in a temporary grade not higher than that of major general shall be advanced on the applicable officers' retired list to such grade, and shall receive retired or retirement pay at the rate prescribed by law, computed on the basis of the base and longevity pay which he would receive if serving on active duty in such higher grade: Provided,That computation on the basis of pay of such highest grade shall be made without benefit of longevity credit for retired list service. No officer shall be ordered to active duty or promoted to any higher temporary grade solely for the purpose of entitling him to retirement in advanced grade pursuant to this subsection. SEO. 204. Enlisted men and warrant officers of the Regular Army or Regular Air Force hereafter advanced to commissioned rank or grade on the retired list pursuant to section 203 (c) or 203 (e) of this title, shall, if application therefor is made to the Secretary of the Army or Secretary of the Air Force within three months from the date of approval of this title or within three months after the date of the advancement to commissioned rank or grade on the retired list, whichever is the later, and subject to the approval of the Secretary of the Army or Secretarythe Ahe Air Force, be restored to their former retired enlisted, or warrant officer status, as the case may be, and shall thereafter be deemed to be enlisted or warrant officer personnel, as appropriate, for all purposes. SEC. 205. (a) The Secretary of the Army and the Secretary of the Air Force may promulgate for their respective services such regu- lations as may be necessary to carry into effect the provisions of this title. (b) Nothing contained in this title shall be construed to deprive any person of any higher retired grade or rank, or any greater retired or retirement pay to which he or she may be entitled under any other provision of law. No back pay or allowances prior to the date of enactment of this title shall accrue to any person by reason of the enactment thereof. 1086 [62 STAT.

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