63 STAT.]
81sT CONG. , 1 ST SESS.-CH. 681 -OCT. 12, 1949
retired list or at the time of his separation, whichever is earlier, and
who shall have served satisfactorily in such higher rank, grade, or
rating as determined by the Secretary concerned, shall be computed
on the basis of the monthly basic pay of such higher rank, grade, or
rating to which he would have been entitled had he been serving on
active duty in such higher rank, grade, or rating at the time of place-
ment of his name on the temporary disability retired list or at the
time of separation, whichever is earlier: Provided further, That if
the physical disability entitling such member to disability severance
pay is found to exist as a result of a physical examination given in
connection with effecting a permanent promotion or a temporary
promotion where eligibility for such temporary promotion was re-
quired to have been based upon cumulative years of service or years
of service in rank, grade, or rating, the disability severance pay of
such member shall be based upon the rank, grade, or rating to which
such member would have been promoted but for such disability, if
such rank, grade, or rating is higher than any other rank, grade, or
rating upon which such severance pay is herein authorized to be com-
puted and which such member would be entitled to receive at the time
of placement of his name on the temporary disability retired list or
at the time of separation, whichever is earlier, if serving on active
duty in the higher grade: And provided further, That in the case of a
former member of the uniformed services who has received disability
severance pay as provided in this section, the amount of such disability
severance pay shall be deducted from any compensation for himself
or his dependents to which he or they becomes entitled thereafter
under laws administered by the Veterans' Administration for the
same disability, but no such deductions shall be made from any death
compensation to which his dependents may become entitled subse-
quent to his death.
PERIODIC PHYSICAL EXAMINATIONS
SEC. 404. (a) A member of the uniformed services whose name is
hereafter placed upon the temporary disability retired list may be
required to submit to periodic physical examinations during the period
in which his name is carried on such list.
(b) A member of the uniformed services whose name is placed upon
the temporary disability retired list and who is required to submit to a
periodic physical examination shall, for travel performed be entitled
to receive the travel and transportation allowance authorized for
the rank, grade, or rating in which retired for temporary duty travel
performed while on active duty. Failure of any such member to report
for any periodic physical examination after receipt of proper notifica-
tion may be considered cause for terminating his disability retirement
pay, except that such payments shall be reinstated at a later date if
just cause existed for such failure to report, in which case payments
may be retroactive for a period of not to exceed one year.
RECOVERY FROM PHYSICAL DISABILITY
SEC. 405. (a) If, as a result of a periodic physical examination, a
member of a Regular component of the uniformed services whose
name has been placed on the temporary disability retired list is found
to be physically fit to perform the duties of his office, rank, grade,
or rating, he shall, subject to his consent, if an officer, be called to
active duty and, as soon thereafter as practicable, be reappointed, sub-
ject to the provisions of section 407 of this title, to the active list of
his Regular component, or, if an enlisted person, be reenlisted in his
Regular component.
(b) If, as a result of a periodic physical examination, a member
of a Reserve component of the uniformed services whose name has
821
Credit for promo-
tion.
Deduction from dis-
ability compensation.
Travel allowance.
Failure to report tor
examination.
PoI, p. 822.
Reserve members
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