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, subject 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 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 pursuant 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 subsection 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 temporary disability 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 terminated 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 disability 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 reappointment or reenlistment in a Reserve component, as the case may be.
(b) If any such member does not consent to any action taken pursuant to either subsection (a) or subsection (b) of section 405 of this title, his status on the temporary disability retired list and his disability retirement pay shall be terminated as soon thereafter as practicable.
REAPPOINTMENT TO THE ACTIVE LIST OF OFFICERS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST
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 active list of the appropriate Regular component of the uniformed services those commissioned officers of the Regular components of the uniformed services whose names have been placed on the temporary disability retired list and who are subsequently found to be physically fit to perform the duties of their office, rank, or grade on active duty. The President, or the Secretary concerned, as the case may be, is authorized to reappoint to the active list of the appropriate Regular component of the uniformed services those warrant officers of the Regular component of the uniformed services whose names have been placed on the temporary disability retired list and who are subsequentlyfound to be physically fit to perform the duties of their office, rank, or grade.
(b) Irrespective of any vacancy in a grade, the authorized number of officers in such grade shall be temporarily increased, if necessary, to authorize appointments made pursuant to section 405 of this title.
PHYSICAL DISABILITY RESULTING FROM INTENTIONAL MISCONDUCT OR WILLFUL NEGLECT
SEC. 408. When a member of the uniformed services incurs a physical disability which is determined to render him unfit to perform the duties of his office, rank, grade, or rating and which is determined to have resulted from his intentional misconduct or willful neglect, or was incurred during a period of unauthorized absence, such member shall be separated from his service without entitlement to any of the benefits of this title.
RANK OR GRADE IN WHICH RETIRED
SEC. 409. A member of the uniformed services who is retired pursuant to this title shall be retired in the rank, grade, or rating upon which his disability retirement pay is based or in such higher rank, grade, or rating as may be authorized by law at time of retirement.
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