Any enlisted member who is retired under any provision of section 2304, 2305, 2306, or 2307 of this title shall be retired from active service with the highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating.
Aug. 4, 1949, ch. 39363 Stat. 522Aug. 3, 1950, ch. 536, § 2164 Stat. 407Pub. L. 97–295, § 2(9)96 Stat. 1302Pub. L. 98–557, § 15(a)(3)(A)98 Stat. 2865Pub. L. 99–348, title II, § 205(b)(8)100 Stat. 700Pub. L. 115–282, title I132 Stat. 4221(, , § 362; , ; , , ; , , ; , , ; renumbered § 2311 and amended , §§ 113(b), 123(b)(2), , , 4240.)
Historical and Revision Notes
July 24, 1941, ch. 320, § 1055 Stat. 605Feb. 21, 1946, ch. 34, § 8(a)60 Stat. 28Based on title 34, U.S.C., 1946 ed., § 3501(e) (, ; , ).
section 303 of the act of June 29, 1948, ch. 70862 Stat. 108155 Stat. 605The requirement that the higher grade or rating be held prior to , has been eliminated; this seems to be in line with the intent of Congress as expressed in , . The act of , , was enacted primarily for application to Navy personnel but it is made applicable to Coast Guard personnel by its own terms (see title 34, U.S.C., 1946 ed., § 350j(b)). 81st Congress, House Report No. 557.
Editorial Notes
Amendments
Pub. L. 115–282, § 123(b)(2)2018—, substituted “section 2304, 2305, 2306, or 2307” for “section 353, 354, 355, or 357”.
Pub. L. 115–282, § 113(b)section 362 of this title, renumbered as this section.
Pub. L. 99–3481986— struck out “, with retired pay of the grade or rating with which retired” after “permanent grade or rating”.
Pub. L. 98–5571984— substituted reference to enlisted member for reference to enlisted man.
Pub. L. 97–2951982— substituted “of this title” for “of this chapter” after “357”.
1950—Act , struck out reference to section 356.