§ 853p. Rank Upon Retirement; Pay; "Temporary Rank" Defined

     (a) Each commissioned officer heretofore or hereafter retired pursuant to any provision of law shall be placed on the retired list with the highest rank, permanent or temporary, held by him while on active duty, if his performance of duty, in the case of temporary rank, has been satisfactory as determined by the Secretary of the department or departments under whose jurisdiction the officer served, and shall receive retired pay based on such higher rank: Provided, That for the purposes of this section the words "temporary rank" shall mean temporary rank held prior to June 30, 1946.

     (b) Officers on the retired list returned to an inactive status with higher rank pursuant to subsection (a) of this section shall receive retired pay based on such higher rank.

(June 3, 1948, ch. 390, § 17, 62 Stat. 300.)