§ 1402.
Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980
(b)
A member of an armed force who first became a member of a uniformed service before September 8, 1980, and who has been retired other than for physical disability, and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d).
(c)
A member of an armed force who first became a member of a uniformed service before September 8, 1980, and who—
(1)
was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;
(2)
incurs, while on active duty after retirement or after his name was placed on that list, a physical disability that is in addition to or that aggravates the physical disability for which he was retired or for which his name was placed on the temporary disability retired list; and
(3)
is qualified under section 1201, 1202, 1204, or 1205 of this title;
is entitled, upon his release from active duty, to retired pay under subsection (d).
([Aug. 10, 1956, ch. 1041], [70A Stat. 107]; [Pub. L. 86–559, § 1(5)], June 30, 1960, [74 Stat. 265]; [Pub. L. 88–132, § 5](l)(1), Oct. 2, 1963, [77 Stat. 214]; [Pub. L. 90–207, § 2(a)(2)], Dec. 16, 1967, [81 Stat. 653]; [Pub. L. 96–342, title VIII, § 813(b)(2)], Sept. 8, 1980, [94 Stat. 1102]; [Pub. L. 96–513, title V, § 511(50)], Dec. 12, 1980, [94 Stat. 2924]; [Pub. L. 98–94, title IX], §§ 922(a)(3), (4), 923(a)(1), (2)(B), (C), Sept. 24, 1983, [97 Stat. 641], 642; [Pub. L. 99–348, title II, § 201(b)(3)], title III, § 304(a)(3), (b)(3), July 1, 1986, [100 Stat. 694], 703; [Pub. L. 102–484, div. A, title VI, § 642(a)], Oct. 23, 1992, [106 Stat. 2424]; [Pub. L. 110–181, div. A, title VI, § 646(b)], Jan. 28, 2008, [122 Stat. 160]; [Pub. L. 111–383, div. A, title VI, § 631(b)], Jan. 7, 2011, [124 Stat. 4239]; [Pub. L. 115–232, div. A, title VIII, § 809(a)], Aug. 13, 2018, [132 Stat. 1840].)