Page:United States Statutes at Large Volume 63 Part 1.djvu/861

 63 STAT.] 81ST CONG. , 1ST SESS.-CH. 681 -OCT. 12, 1949 active list of the appropriate Regular component of the uniformed services those commissioned officers of the Regular components of the uniformed services whose names have been placed on the temporary disability retired list and who are subsequently found to be physically fit to perform the duties of their office, rank, or grade on active duty. The President, or the Secretary concerned, as the case may be, is authorized to reappoint to the active list of the appropriate Regular component of the uniformed services those warrant officers of the Regular component of the uniformed services whose names have been placed on the temporary disability retired list and who are subse- quently found to be physically fit to perform the duties of their office, rank, or grade. (b) Irrespective of any vacancy in a grade, the authorized number of officers in such grade shall be temporarily increased, if necessary, to authorize appointments made pursuant to section 405 of this title. PHYSICAL DISABILITY RESULTING FROM INTENTIONAL MISCONDUCT OR WILLFUL NEGLECT SEC. 408. When a member of the uniformed services incurs a physical disability which is determined to render him unfit to perform the duties of his office, rank, grade, or rating and which is determined to have resulted from his intentional misconduct or willful neglect, or was incurred during a period of unauthorized absence, such member shall be separated from his service without entitlement to any of the benefits of this title. RANK OR GRADE IN WHICH RETIRED SEC. 409. A member of the uniformed services who is retired pur- suant to this title shall be retired in the rank, grade, or rating upon which his disability retirement pay is based or in such higher rank, grade, or rating as may be authorized by law at time of retirement. CESSATION OF BENEFITS UPON SEPARATION SEC. 410. Any former member who has been separated for physical disability from any of the uniformed services and paid disability sev- erance pay pursuant to this title shall not thereafter, unless such former member again becomes a member of the uniformed services, be entitled to receive from the service from which such former member was sep- arated any payment for any monetary obligation provided under any provision of law administered by any uniformed service or for such uniformed service by any other uniformed service on account of or arising out of such former member's service on or prior to such separation: Provided, That such separation shall not operate to bar the former member concerned from receiving or the service concerned from paying any moneys due and payable on the date of separation, or any moneys that become due as a result of a valid claim processed against the Government pursuant to any provisions of law. MEMBERS OR FORMER MEMBERS HERETOFORE RETIRED FOR PHYSICAL DISABILITY SEC. 411. Pursuant to such regulations as the President may pre- scribe, (1) any member or former member of the uniformed services heretofore retired by reason of physical disability and now receiving or entitled to receive retired or retirement pay; (2) any former mem- ber of the uniformed services heretofore granted or entitled to receive retirement pay for physical disability; (3) any member of the Army Nurse Corps or any person entitled to the rights, privileges, and bene- fits of members of the Army Nurse Corps, retired for disability under 823 Temporary increase of authorized number. Ante, p. 821. Payment of moneys due.

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