1. (a) An officer, other than the Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served.
2. (b) An officer, other than the Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served.
3. (c) An officer, other than the Commandant, who, after serving less than 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.

4. (d) An officer serving in the grade of admiral or vice admiral shall continue to hold that grade—

   1. (1) while being processed for physical disability retirement, beginning on the day of the processing and ending on the day that officer is retired, but not for more than 180 days; and
   2. (2) while awaiting retirement, beginning on the day that officer is relieved from the position of Commandant, Vice Commandant, or Vice Admiral and ending on the day before the officer’s retirement, but not for more than 60 days.

(Added Pub. L. 92–451, § 1(5), Oct. 2, 1972, 86 Stat. 755; amended Pub. L. 99–348, title II, § 205(b)(3), July 1, 1986, 100 Stat. 700; Pub. L. 103–206, title II, §§ 204(d), 205(c), Dec. 20, 1993, 107 Stat. 2421, 2422; Pub. L. 111–281, title V, § 511(c), Oct. 15, 2010, 124 Stat. 2952; Pub. L. 114–120, title II, § 201(c), Feb. 8, 2016, 130 Stat. 33.)

Amendments

2016—Subsecs. (a) to (c). Pub. L. 114–120 inserted “admiral or” before “vice admiral,” wherever appearing.

2010—Subsecs. (a) to (c). Pub. L. 111–281, § 511(c)(1), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which read as follows:

“(a) An officer who, while serving in the grade of vice admiral, is retired for physical disability shall be placed on the retired list with the grade of vice admiral.

“(b) An officer who is retired while serving in the grade of vice admiral, or who, after serving at least two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the grade of vice admiral.

“(c) An officer who, after serving less than two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.”

Subsec. (d)(2). Pub. L. 111–281, § 511(c)(2), substituted “or Vice Admiral” for “Area Commander, or Chief of Staff”.

1993—Subsec. (a). Pub. L. 103–206, § 205(c)(1), substituted “in the grade of vice admiral” for “as Commander, Atlantic Area, or Commander, Pacific Area”.

Subsec. (b). Pub. L. 103–206, § 205(c)(2), substituted “in the grade of vice admiral” for “as Commander, Atlantic Area, or Commander, Pacific Area”.

Subsec. (d). Pub. L. 103–206, § 204(d), added subsec. (d).

1986—Subsecs. (a), (b). Pub. L. 99–348, § 205(b)(3)(A), struck out “and retired pay” after “with the grade”.

Subsec. (c). Pub. L. 99–348, § 205(b)(3)(B), struck out “and with the retired pay of that grade” after “permanent grade”.

Effective Date

Section effective Oct. 2, 1972, except that continuation boards may not be held until one year there­after, see section 3 of Pub. L. 92–451, set out as an Effective Date of 1972 Amendment note under section 290 of this title.