10 U.S.C. § 1402 | Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980

(a)

September 8, 1980

Column 1 Take	Column 2 Multiply by
¹ For a member who has been entitled, for continuous period of at least two years, to basic pay under the rates of basic pay in effect upon that release from active duty, compute under those rates. For a member who has been entitled to basic pay for a continuous period of at least two years upon that release from active duty, but who is not covered by the preceding sentence, compute under the rates of basic pay replaced by those in effect upon that release from active duty. For any other member, compute under the rates of basic pay under which the member’s retired pay or retainer pay was computed when he entered on that active duty.
² Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month.
Monthly basic pay ¹ of the grade in which he would be eligible— (1) to retire if he were retiring upon that release from active duty; or (2) to transfer to the Fleet Reserve or Fleet Marine Corps Reserve if he were transferring to either upon that release from active duty.	2½ percent of the sum of— (1) the years of service that may be credited to him in computing retired pay or retainer pay; and (2) his years of active service after becoming entitled to retired pay or retainer pay.²

¹ For a member who has been entitled, for continuous period of at least two years, to basic pay under the rates of basic pay in effect upon that release from active duty, compute under those rates. For a member who has been entitled to basic pay for a continuous period of at least two years upon that release from active duty, but who is not covered by the preceding sentence, compute under the rates of basic pay replaced by those in effect upon that release from active duty. For any other member, compute under the rates of basic pay under which the member’s retired pay or retainer pay was computed when he entered on that active duty.

² Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month.

Monthly basic pay ¹ of the grade in which he would be eligible—

(1) to retire if he were retiring upon that release from active duty; or

(2) to transfer to the Fleet Reserve or Fleet Marine Corps Reserve if he were transferring to either upon that release from active duty.

2½ percent of the sum of—

(1) the years of service that may be credited to him in computing retired pay or retainer pay; and

(2) his years of active service after becoming entitled to retired pay or retainer pay.²

section 6150 of this titleHowever, an officer who was ordered to active duty (other than for training) in the grade that he holds on the retired list under former , or under any other law that authorized advancement on the retired list based upon a special commendation for the performance of duty in actual combat, may have his retired pay recomputed under this subsection on the basis of the rate of basic pay applicable to that grade upon his release from that active duty only if he has been entitled, for a continuous period of at least three years, to basic pay at that rate. If, upon his release from that active duty, he has been entitled to the basic pay of that grade for a continuous period of at least three years, but he does not qualify under the preceding sentence, he may have his retired pay recomputed under this subsection on the basis of the rate of basic pay prescribed for that grade by the rates of basic pay replaced by those in effect upon his release from that duty.

A member of an armed force who first became a member of a uniformed service before , and who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table.

(b)

September 8, 1980 A member of an armed force who first became a member of a uniformed service before , and who has been retired other than for physical disability, and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d).

(c)

September 8, 1980 A member of an armed force who first became a member of a uniformed service before , and who—

(1)

was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;

(2)

incurs, while on active duty after retirement or after his name was placed on that list, a physical disability that is in addition to or that aggravates the physical disability for which he was retired or for which his name was placed on the temporary disability retired list; and

(3)

is qualified under section 1201, 1202, 1204, or 1205 of this title;

is entitled, upon his release from active duty, to retired pay under subsection (d).

(d)

section 1401a of this title

Column 1 Take	Column 2 Multiply by	Column 3 Add
¹ Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month.
Highest monthly basic pay that member received while on active duty after retirement or after date when his name was placed on temporary disability retired list, as the case may be.	As member elects— (1) 2½% of years of service credited under section 1208 of this title; ¹ or (2) the highest percentage of disability, not to exceed 75%, attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be.¹	Add amount necessary to increase product of columns 1 and 2 to 50% of pay upon which computation is based, if member is on temporary disability retired list.

¹ Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month.

Highest monthly basic pay that member received while on active duty after retirement or after date when his name was placed on temporary disability retired list, as the case may be.

As member elects—

(1) 2½% of years of service credited under section 1208 of this title; ¹ or

(2) the highest percentage of disability, not to exceed 75%, attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be.¹

Add amount necessary to increase product of columns 1 and 2 to 50% of pay upon which computation is based, if member is on temporary disability retired list.

If, while on active duty after retirement or after his name was placed on the temporary disability retired list, a member covered by this subsection was promoted to a higher grade in which he served satisfactorily, as determined by the Secretary concerned, he is entitled to retired pay based on the monthly basic pay to which he would be entitled if he were on active duty in that higher grade.

A member of an armed force covered by subsection (b) or (c) may elect to receive either (1) the retired pay to which he became entitled when he retired, increased by any applicable adjustments in that pay under after he initially became entitled to that pay, or (2) retired pay computed according to the following table.

(e)

Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from active duty, to have his retired pay or retainer pay—

(1)

computed according to the formula set forth in subsection (a) but using the rate of basic pay under which his retired pay or retainer pay was computed when he entered on active duty; and

(2)

section 1401a of this title increased by any applicable adjustments in that pay under after he initially became entitled to that pay.

(f)

(1)

In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served after retiring under section 7314 or 9314 of this title, the member’s retired pay as recomputed under another provision of this section shall be increased by 10 percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty service in the armed forces.

(2)

section 12731 of this title Except in the case of a member who served during the Vietnam Era (as that term is defined in ), the amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent of the monthly rate of basic pay upon which the recomputation of such retired pay is based.

(3)

The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.

Aug. 10, 1956, ch. 1041 70A Stat. 107 Pub. L. 86–559, § 1(5)June 30, 196074 Stat. 265 Pub. L. 88–132, § 5lOct. 2, 196377 Stat. 214 Pub. L. 90–207, § 2(a)(2)Dec. 16, 196781 Stat. 653 Pub. L. 96–342, title VIII, § 813(b)(2)Sept. 8, 198094 Stat. 1102 Pub. L. 96–513, title V, § 511(50)Dec. 12, 198094 Stat. 2924 Pub. L. 98–94, title IXSept. 24, 198397 Stat. 641 Pub. L. 99–348, title II, § 201(b)(3)July 1, 1986100 Stat. 694 Pub. L. 102–484, div. A, title VI, § 642(a)Oct. 23, 1992106 Stat. 2424 Pub. L. 110–181, div. A, title VI, § 646(b)Jan. 28, 2008122 Stat. 160 Pub. L. 111–383, div. A, title VI, § 631(b)Jan. 7, 2011124 Stat. 4239 Pub. L. 115–232, div. A, title VIII, § 809(a)Aug. 13, 2018132 Stat. 1840 Pub. L. 118–159, div. A, title VI, § 604(1)Dec. 23, 2024138 Stat. 1931(, ; , , ; ()(1), , ; , , ; , , ; , , ; , §§ 922(a)(3), (4), 923(a)(1), (2)(B), (C), , , 642; , title III, § 304(a)(3), (b)(3), , , 703; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
1402(a) 1402(b), (c)	37:316. 37:272(d) (1st 128 words of last proviso, less applicability to retired grade).	Oct. 12, 1949, ch. 681, §§ 402(d) (last proviso, less applicability to retired grade), 516, 63 Stat. 819, 832.
1402(d)	37:272(d) (last proviso, less 1st 128 words, and less applicability to retired grade).

Historical and Revision Notes

1402(a)

1402(b), (c)

37:316.

37:272(d) (1st 128 words of last proviso, less applicability to retired grade).

Oct. 12, 1949, ch. 681, §§ 402(d) (last proviso, less applicability to retired grade), 516, 63 Stat. 819, 832.

1402(d)

37:272(d) (last proviso, less 1st 128 words, and less applicability to retired grade).

In subsection (a), columns 1 and 2 of the table are based on 37:316 (1st proviso). Column 4 is based on 37:316 (last proviso). Footnote 1 is based on 37:316 (2d proviso). 37:316 (3d proviso) is omitted as operationally obsolete.

section 1401 of this titleIn subsections (a) and (d), the words “and disregard a part of a year that is less than six months” are added to footnote 1 to conform to footnote 3 of .

In subsection (b), the words “for which he would otherwise be eligible for retired pay under chapter 61 of this title” are substituted for the words “in accordance with the standard schedule of rating disabilities in current use by the Veterans’ Administration” and “if qualified”.

In subsection (c), the requirement that the physical disability incurred be 30 percent or more is omitted as surplusage, since it is also required that the member be qualified for physical disability retirement under section 1201 or 1204 of this title.

In subsection (d), the rules stated in 37:316 (2d and last provisos) are repeated in column 4 of the table and the footnote to the table, since they apply to all cases of increased pay for active duty performed after retirement.

Editorial Notes

Codification

section 304(b)(3) of Pub. L. 99–348Another amended the table of sections at the beginning of chapter 571 of this title.

Amendments

Pub. L. 118–159 section 12731 of this title2024—Subsec. (f)(2). substituted “Except in the case of a member who served during the Vietnam Era (as that term is defined in ), the amount” for “The amount”.

Pub. L. 115–2322018—Subsec. (f)(1). substituted “section 7314 or 9314” for “section 3914 or 8914”.

Pub. L. 111–3832011—Subsec. (d). , in column 2 of table, inserted “, not to exceed 75%,” after “percentage of disability” and struck out column 4 of table which related to subtraction of excess over 75 percent of pay upon which computation is based.

Pub. L. 110–1812008—Subsec. (a). struck out column 3 of the table, which related to subtraction of excess over 75 percent of pay upon which computation is based.

Pub. L. 102–4841992—Subsec. (f). added subsec. (f).

Pub. L. 99–348, § 304(b)(3)September 8, 19801986—, inserted “of members who first became members before ” in section catchline.

Pub. L. 99–348 section 1407(a)(2) of this title section 1412 of this titleSubsec. (a). , §§ 201(b)(3), 304(a)(3), struck out “(as defined in )” after “uniformed service” and struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See .

Pub. L. 99–348, § 304(a)(3)section 1407(a)(2) of this titleSubsecs. (b), (c). , struck out “(as defined in )” after “uniformed service”.

Pub. L. 99–348, § 201(b)(3)section 1412 of this titleSubsec. (d). , struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See .

Pub. L. 98–94, § 922(a)(3)1983—Subsec. (a). , substituted “according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”.

Pub. L. 98–94, § 923(a)(1), (2)(B), in footnote 2 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.

Pub. L. 98–94, § 922(a)(4)Subsec. (d). , substituted “according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”.

Pub. L. 98–94, § 923(a)(1), (2)(C), in footnote 1 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.

Pub. L. 96–513 section 1407(a)(2) of this titleSeptember 8, 19801980—Subsecs. (a) to (c). substituted “a uniformed service (as defined in ) before ” for “the armed forces before the date of the enactment of the Department of Defense Appropriation Act, 1981” wherever appearing.

Pub. L. 96–342 inserted “who first became a member of the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981, and” after “of an armed force” wherever appearing.

Pub. L. 90–207, § 2(a)(2)(A)section 1401a of this title1967—Subsec. (d). , inserted “increased by any applicable adjustments in that pay under after he initially became entitled to that pay” after “retired,”.

Pub. L. 90–207, § 2(a)(2)(B)Subsec. (e). , added subsec. (e).

Pub. L. 88–1321963—Subsec. (a). substituted in introductory clause “who has become entitled to retired pay or retainer pay” for “who has been retired or has become entitled to retainer pay” and “to recompute his retired pay or retainer pay upon his release from that duty” for “, upon release from that duty, to recompute his retired or retainer pay” and inserted in such clause “(other than for training)” after “active duty”; substituted in column 1 of table “Monthly basic pay” for “Monthly basic pay or base and longevity pay, as the case may be,”, designated existing provisions as (1) and added (2); substituted in (1) of column 2 of the table “retired pay or retainer pay” for “retired or retainer pay” and in (2) of such column 2 “after becoming entitled to retired pay or retainer pay” for “after retirement or becoming entitled to retainer pay”, struck out column 3 relating to addition and redesignated column 4 as 3; added footnote 1 to the table and redesignated former footnote 1 as 2; and inserted provisions for recomputation of retired pay upon release from active duty of officers ordered to active duty in a higher grade based upon special commendation for performance of duty in actual combat.

Pub. L. 86–559 section 232 of title 141960—Subsec. (a). prohibited recomputation of retired pay under subsec. (a) on the basis of any period of active duty that was of less than six consecutive months’ duration or on the basis of any active duty for training for a reserve officer who is or has been retired under section 3911, 6323, or 8911 of this title or under .

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 2011 Amendment

Pub. L. 111–383Jan. 7, 2011Jan. 7, 2011Jan. 7, 2011section 631(d) of Pub. L. 111–383 section 1401 of this titleAmendment by applicable to persons who first become entitled to retired or retainer pay under subtitle A of this title after , and table in subsec. (d) of this section, in effect on the day before , applicable to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A on or before , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, § 646(c)Jan. 28, 2008122 Stat. 160

section 6333 of this titleJanuary 1, 2007“The amendments made by subsections (a) and (b) [amending this section and ] shall take effect as of , and shall apply with respect to retired pay and retainer pay payable on or after that date.”

, , , provided that:

Effective Date of 1983 Amendment

section 922 of Pub. L. 98–94Oct. 1, 1983section 922(e) of Pub. L. 98–94 section 1401 of this titleAmendment by effective , see , set out as a note under .

section 923 of Pub. L. 98–94Sept. 30, 1983Sept. 30, 1983section 923(g) of Pub. L. 98–94 section 1174 of this titleAmendment by applicable with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after , and (2) the recomputation of retired pay under this section, of any individual who after , becomes entitled to recompute retired pay under this section, see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513 section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1967 Amendment

Pub. L. 90–207Oct. 1, 1967section 7 of Pub. L. 90–207 section 203 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.

Effective Date of 1963 Amendment

Pub. L. 88–132Oct. 1, 1963section 14 of Pub. L. 88–132 section 201 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.

Accrual of Benefits; Prospective Applicability

Pub. L. 102–484, div. A, title VI, § 642(c)Oct. 23, 1992106 Stat. 2425

Oct. 23, 1992section 1402a of this title“No benefits shall accrue for months beginning before the date of the enactment of this Act [] by reason of the amendments made by this section [amending this section and ].”

, , , provided that:

Recomputation of Retired Pay of Certain Recalled Retirees

Pub. L. 98–525, title VI, § 655Oct. 19, 198498 Stat. 2552

“(a)

section 1402(a) of title 10 Notwithstanding the second sentence of footnote 1 of the table contained in , United States Code (relating to recomputation of retired pay to reflect later active duty), in the case of a member of the Armed Forces who—

“(1)

October 1, 1963September 30, 1971 was voluntarily called or ordered to active duty during the period beginning on , and ending on ;

“(2)

was at the time of such call or order entitled to retired pay or retainer pay;

“(3)

served on such active duty under such call or order for a continuous period of at least two years; and

“(4)

October 1, 1973 was released from such active duty before ,

the retired or retainer pay of such member shall be recomputed, as provided in subsection (b), under the rates of basic pay in effect at the time of that release from active duty.

“(b)

section 1402(a) of title 10 The retired or retainer pay of a member of the Armed Forces described in subsection (a) shall be the amount determined under , United States Code (as modified with respect to such member by subsection (a)), and increased by the amount by which the member’s retired or retainer pay would have been increased during the period beginning on the date of the member’s release from active duty referred to in subsection (a)(4) and ending on the day before the day on which this section becomes effective had subsection (a) applied in the case of the member at the time of that release from active duty.

“(c)

September 30, 1984Oct. 19, 1984 This section shall apply only with respect to retired pay and retainer pay payable for months beginning after , or on or after the date of the enactment of this Act [], whichever is later.”

, , , provided that:

Retired Pay and Retainer Pay; Prohibition Against Recomputation Under 1963 Pay Rates; Exceptions; Increments Based on the Greater of a 5 Percent Increase or Recomputation Under 1958 Pay Rates for Members Retired Prior to October 1949 for Reasons Other Than Physical Disability, Members Receiving Retired Pay Under Career Compensation Act of 1949 and Former Chiefs of Staff; Additional 5 Percent Increase for Other Retired Members; Exclusion From Increase of Officers Retired Under Certain Provisions

Pub. L. 88–132, § 5(a)Oct. 2, 196377 Stat. 212

“(a)

section 1402 of title 10 section 201 of Title 37Oct. 1, 1963April 1, 1963March 31, 1963Oct. 1, 1963 Except as provided in , United States Code, the changes made by this Act [see Short Title note under ] in the rates of basic pay of members of the uniformed services do not increase the retired pay or retainer pay to which a member or former member of the uniformed services was entitled on the day before the effective date of this Act []. However, except for a member covered by section 6331 [now 8331] of title 10, United States Code who became entitled to retainer pay before , and subject to subsection (j) of this section [set out as a note below], a member or former member of a uniformed service who became entitled to retired pay or retainer pay after , but before the effective date of this Act [], is entitled—

“(1)

Oct. 1, 1963section 203 of Title 37 to have the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act [] recomputed under the rates of basic pay prescribed by section 2 of this Act [amending ]; or

“(2)

section 203 of title 37Oct. 1, 1963 to continue to have that pay computed under the rates of basic pay that were in effect under , United States Code, on the day before the effective date of this Act [], plus the percentage increase provided by subsection (e) of this section;

April 1, 1963section 1 of the Act of April 23, 1930, ch. 209 5 U.S.C. 47a section 8301 of Title 5April 1, 1963whichever pay is the greater. For the purposes of the preceding sentence, a member or former member who became entitled to retired pay on , by virtue of , as amended () [], shall be considered as having become entitled to that pay before .

“(b)

63 Stat. 829Oct. 12, 194910 U.S.C. 580October 1, 1949 A member or former member of a uniformed service who was retired other than for physical disability and who, in accordance with section 511 of the Career Compensation Act of 1949 () [act , former note], is entitled to retired pay or retainer pay computed by ‘method’ (a) of that section using rates of basic pay that were in effect before , is entitled—

“(1)

Oct. 1, 1963 to have pay recomputed by ‘method’ (b) of that section using the rates of basic pay that were in effect under that Act on the day before the effective date of this Act []; or

“(2)

Oct. 1, 1963 to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act [];

whichever pay is the greater.

“(c)

June 1, 1958May 20, 1958Public Law 85–422 72 Stat. 130 A member or former member of a uniformed service who is entitled to retired pay or retainer pay computed under the rates of basic pay that were in effect under the Career Compensation Act of 1949 before , including a member or former member who is entitled to retired pay under section 7 (b) or (c) of the Act of , (), is entitled—

“(1)

Oct. 1, 1963 to have that pay recomputed under the rates of basic pay that were in effect under that Act on the day before the effective date of this Act []; or

“(2)

Oct. 1, 1963 to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act [];

whichever pay is the greater.

“(d)

Oct. 1, 1963 A member or former member of a uniformed service who was entitled to retired pay on the day before the effective date of this Act [] and who served as Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps is entitled—

“(1)

to have his retired pay recomputed under the formula for computing retired pay applicable to him—

“(A)

when he retired; or

“(B)

if he served on active duty after he retired and his retired pay was recomputed by reason of that service, when his retired pay was so recomputed;

June 1, 195872 Stat. 122 section 203 of Title 37using as his rate of basic pay the rate of basic pay prescribed for officers serving on active duty in those positions on , by footnote 1 to table for commissioned officers in section 201(a) of the Career Compensation Act of 1949, as amended () [see ]; or

“(2)

Oct. 1, 1963 to an increase of 5 percent in the retired pay to which he was entitled on the day before the effective date of this Act [];

whichever pay is the greater.

“(e)

Oct. 1, 1963Oct. 1, 1963 A member or former member of a uniformed service who was entitled to retired pay or retainer pay on the day before the effective date of this Act [], other than a member or former member who is covered by subsection (b), (c), or (d) of this section, is entitled to an increase of 5 percent in the retired or retainer pay to which he was entitled on the day before the effective date of this Act [].

“(f)

Oct. 1, 1963 Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this Act [] shall continue to receive the pay and allowances to which he was entitled on that day:

“(1)

March 23, 194660 Stat. 59 The Act of , chapter 112 ().

“(2)

June 26, 194862 Stat. 1052 The Act of , chapter 677 ().

“(3)

September 18, 1950 The Act of , chapter 952 (64 Stat. A224).”

–(f), , , provided that:

Retired Pay and Retainer Pay; Retroactive Effect

Pub. L. 88–132, § 5(j)Oct. 2, 196377 Stat. 214

section 201 of Title 37Oct. 1, 1963“A member or former member of a uniformed service is not entitled to an increase in his retired pay or retainer pay because of the enactment of this Act [see Short Title note set out under ] for any period before the effective date of this Act [].”

, , , provided that:

Savings Provision

Pub. L. 88–132, § 5lOct. 2, 196377 Stat. 215

Oct. 1, 1963section 1402 of title 10 section 203 of Title 37“Notwithstanding paragraph (1) of this subsection [amending this section], and unless otherwise entitled to higher retired pay or retainer pay, a member of a uniformed service who is on active duty (other than for training) on the effective date of this Act [], who was entitled to retired pay or retainer pay before he entered on that duty, and who is released from that duty on or after the effective date of this Act after having served on that duty for a continuous period of at least one year shall, upon that release from active duty, be entitled to recompute his retired pay or retainer pay under the table in , United States Code [this section], subject to section 6483(c) [now 8383(c)] of title 10, as that table and that section were in effect on the day before the effective date of this Act, using rates of basic pay prescribed by this Act [].”

()(2), , , provided that: