U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 69— RETIRED GRADE

10 U.S.C. § 1372

Grade on retirement for physical disability: members of armed forces

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Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, § 577, Sept. 23, 1996, 110 Stat. 2536.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1372

37:272(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos).

37:279 (less applicability to 37:272(d) (last proviso)).

Oct. 12, 1949, ch. 681, §§ 402(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos), 409 (less applicability to § 402(d) (last proviso)), 63 Stat. 818, 823.

Clause (1) is substituted for 37:272(d) (104th through 128th words, as applicable to retired grade). The words “if his name was not carried on that list” are substituted for the words “whichever is earlier”.

Editorial NotesAmendments

1996—Pars. (3), (4). Pub. L. 104–201 substituted “a physical examination” for “his physical examination for promotion”.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1960–2025 · leading case: Bliss v. England, 208 F. Supp. 2d 2 (D.D.C. 2002).
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Bliss v. England, 208 F. Supp. 2d 2 (D.D.C. 2002). · cites it 2× “, and 10 U.S.C. § 1372 (3), claiming that the Board for Correction of Naval Records (“BCNR”) decided his retirement rank in an unlawful manner.”
Miller v. Miller, 577 A.2d 205 (Pa. 1990). “10 U.S.C.S. § 1372 states: Unless entitled to a higher grade under some other provision of law, any member of the armed force who is retired for physical disabili *264 ty under section 1201 or 1204 of this title or whose name is placed on the temporary disability retirement list…”
Willis D. Friestedt v. United States, 352 F.2d 530 (Ct. Cl. 1965). · cites it 5× “He bases his action on 10 U.S.C. § 1372 (1958 Ed.); 10 U.S.C. § 1375 (1958 Ed.”
Selman v. United States, 723 F.2d 877 (Fed. Cir. 1983). · cites it 2× “Section 1401 directs that the retired pay be computed by taking, as a starting point, the “[m]onthly basic pay of grade to which member is entitled under [ 10 U.S.C. § 1372 ] * * Section 1372 provides, in relevant part: Unless entitled to a higher retired grade under some other…”
Pfister v. United States, 203 Ct. Cl. 459 (Ct. Cl. 1974). · cites it 5× “The question presented is whether the physical disability for which plaintiff was retired was found to exist as a result of his physical examination for promotion, so as to entitle him to the retired pay of a lieutenant colonel, rather than to that of a major, pursuant to 10…”
In re Marriage of Loehr, 531 P.2d 425 (Cal. 1975). “(See 10 U.S.C. §§ 1372 , 1401.) In the dissolution action, the trial court held that the portion of David’s right to disability pay attributable to military service during the marriage was a community asset.”
Mariner v. United States, 1 Cl. Ct. 430 (Ct. Cl. 1983). “On account of the above, plaintiff asks that his reduction in grade on account of the disciplinary measures taken before his discharge be vacated and that the disability retirement pay that he deems himself entitled to be determined under 10 U.”
Bliss v. Johnson, 279 F. Supp. 2d 29 (D.D.C. 2003). · cites it 2× “, and 10 U.S.C. § 1372 (3), challenging a decision by the Board for Correction of Naval Records (“BCNR”) denying the plaintiff the rank of major at retirement.”
Carl L. McTaggart Appellant-Plaintiff v. Sec'y of the Air Force & United States, 458 F.2d 1320 (7th Cir. 1972). · cites it 2× “Plaintiff is a former Air Force officer who achieved both a temporary and permanent rank of Captain and was honorably discharged, but was retired as a First Lieutenant under 10 U.S.C. § 1372 . He claims that his rank at the time of his Honorable Discharge should determine his…”
O'Keefe v. United States, 174 Ct. Cl. 537 (Ct. Cl. 1966). “The laws relating to the armed services have since been codified and the above provision is presently contained in 10 U.S.C. § 1372 which reads in pertinent part as follows : “Unless entitled to a higher retired grade under some other provision of law, any member of an armed…”
Rajpaul v. United States, No. 18-72 (Fed. Cl. Sept. 14, 2020). · cites it 5× “RAJPAUL, Keywords: 10 U.S.C. § 1372 ; Plaintiff, Military Pay; Army Board for Correction of Military v.”
Arthur T. Broche v. United States, 303 F.2d 939 (Ct. Cl. 1962). “Here we have a quite different situation. There was no retirement in normal course from active status in 1919 but merely a discharge from service; and the plaintiff held only the rank of first lieutenant when he left active duty, tie did not attain his reserve rank of captain…”
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