GRADE OF RECALLED RETIRED MEMBERS

SEC. 311. GRADE OF RECALLED RETIRED MEMBERS (a) In General.— A retired member of the Armed Forces ordered to active duty under section 688 of title 10, United States Code, in connection with Operation Desert Storm who had previously served on active duty satisfactorily, as determined by the Secretary of the military department concerned, in a grade higher than that member’s retired grade may be ordered to active duty under that section in the highest grade in which the member had so served satisfactorily. (b) Grade Upon Release From Active Duty.— (1) For the purposes of section 688(b) of title 10, United States Code, a member of the Armed Forces ordered to active duty in a grade that is higher than the member’s retired grade pursuant to subsection (a) shall be deemed to have been promoted to such higher grade while on such active duty. 105 STAT. 85 (2) A retired member described in subsection (a) who, upon being released from the tour of active duty covered by that subsection, has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade higher than the member’s retired grade, is entitled, upon that release from active duty, to placement on the retired list in that grade. (c) Effective Date.— This section shall apply with respect to retired members ordered to active duty on or after August 2, 1990.