US Code
CHAPTER 845— RECALL TO ACTIVE DUTY
§ 8383. Retired members: grade

An officer who has been advanced on the retired list or in the Retired Reserve under former to a grade above captain in the Navy or above colonel in the Marine Corps, when recalled to active duty, may, in the discretion of the Secretary of the Navy, be recalled either in the grade he holds on the retired list or in the Retired Reserve or in the grade from which he was advanced.