Page:United States Statutes at Large Volume 63 Part 1.djvu/860

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PUBLIC LAWS-CH. 681 -OCT. 12 , 1949 Replacement on ac- tive list. Antc, p. 821 . 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, be reappointed or reenlisted, as the case may be, in his Reserve component: Provided, That if the name of such member was placed on the temporary disability retired list for physical disability incurred while serving in the National Guard of the United States, or in the Air National Guard of the United States, he shall, subject to his consent, if not reappointed or reenlisted, as the case may be, in the component from which removed, be appointed, reappointed, enlisted, or reenlisted, as the case may be, in the Organized Reserve Corps or the Air Force Reserve. (c) Any appointment, reappointment, enlistment, or reenlistment authorized pursuant to subsection (a) or subsection (b) of this section shall be in a rank, grade, or rating not lower than the rank, grade, or rating permanently held at the time of placement of the name of the member concerned upon the temporary disability retired list, and may be in the rank, grade, or rating immediately above the rank, grade, or rating permanently held at the time of placement of the name of the member concerned upon the temporary disability retired list. When seniority in rank, grade, or rating or years of service is an applicable factor in qualifying a member of the uniformed services for future promotion, such member who is being reappointed or reenlisted pur- suant to this section shall, for the purpose of placement on a lineal list, promotion list, or other similar list, be given such seniority in rank, grade, or rating or be credited with such years of service as may be authorized by the Secretary concerned. Action under this subsec- tion shall be taken on a fair and equitable basis, and regard shall be given to the probable opportunities for advancement and promotion to which such member might reasonably have become entitled but for placement of his name upon the temporary disability retired list. TERMINATION OF TEMPORARY DISABILITY RETIREMENT PAY SEc. 406. (a) If, as a result of a periodic physical examination, a member of the uniformed services whose name appears on the tem- porary disabilty retired list is found to be physically fit to perform the duties of his office, rank, grade, or rating, he shall- (1) if an officer of a Regular component, have his disability retirement pay terminated upon the date of his recall to active duty and his status on the temporary disability retired list ter- minated on the date of his reappointment to the active list; (2) if an enlisted person of a Regular component, have both his status on such temporary disability retired fist and his disability retirement pay terminated on the date of his reenlistment in the Regular component from which placed on the temporary dis- ability retired list; or (3) if a member of a Reserve component, have such status and his disability retirement pay terminated on the date of his reap- pointment or reenlistment in a Reserve component, as the case may be. (b) If any such member does not consent to any action taken pur- suant to either subsection (a) or subsection (b) of section 405 of this title, his status on the temporary disability retired list and his dis- ability retirement pay shall be terminated as soon thereafter as prac- ticable. REAPPOINTMENT THOE ACTIVE LIST OF OFFICERS PLACED ON THE TEM- PORARY DISABILITY RETIRED LST SEC. 407. (a) The President, by and with the advice and consent of the Senate, is hereby authorized, in his discretion, to reappoint to the 822 [63 STAT.