[USC02] 10 USC Subtitle D, PART II: PERSONNEL
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10 USC Subtitle D, PART II: PERSONNEL
From Title 10—ARMED FORCESSubtitle D—Air Force

PART II—PERSONNEL

Chap.
Sec.
911.
Strength
9110
913.
Enlistments
9131
915.
Appointments in the Regular Air Force
9151
919.
Temporary Appointments
9176
921.
Active Duty
9191
923.
Special Appointments, Assignments, Details, and Duties
9217
925.
Rank and Command
9222
929.
Miscellaneous Prohibitions and Penalties
9239
933.
Miscellaneous Rights and Benefits
9251
935.
Hospitalization
9263
937.
Decorations and Awards
9271
939.
Separation for Various Reasons
9307
941.
Retirement for Length of Service
9311
943.
Retired Grade
9341
945.
Computation of Retired Pay
9361
947.
Civilian Employees
9371
949.
Miscellaneous Investigation Requirements and Other Duties
9381

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(e)(2), Aug. 13, 2018, 132 Stat. 1834, redesignated items for chapters 831 to 875 as 911 to 949 and redesignated section numbers 8201 to 9061 as 9110 to 9381. Section numbers were conformed to the first section appearing in each chapter after renumbering by Pub. L. 115–232 to reflect the probable intent of Congress.

2003Pub. L. 108–136, div. A, title V, §576(c)(2), Nov. 24, 2003, 117 Stat. 1488, added item for chapter 875.

1994Pub. L. 103–337, div. A, title XVI, §1674(a), Oct. 5, 1994, 108 Stat. 3016, struck out items for chapters 837 "Appointments as Reserve Officers" and 863 "Separation or Transfer to Retired Reserve".

1980Pub. L. 96–513, title V, §504(1), Dec. 12, 1980, 94 Stat. 2915, struck out items for chapters 859 "Separation from Regular Air Force for Substandard Performance of Duty", 860 "Separation from Regular Air Force for Moral or Professional Dereliction or in Interests of National Security", and 865 "Retirement for Age".

1968Pub. L. 90–377, §5, July 5, 1968, 82 Stat. 288, struck out item for chapter 851 "United States Disciplinary Barracks".

Pub. L. 90–235, §8(6), Jan. 2, 1968, 81 Stat. 764, struck out item for chapter 847 "The Uniform".

1960Pub. L. 86–616, §§7(b), 8(b), July 12, 1960, 74 Stat. 393, 395, substituted "Substandard Performance of Duty" for "Failure to Meet Standards" in item for chapter 859 and added item for chapter 860.

1958Pub. L. 85–861, §1(193), Sept. 2, 1958, 72 Stat. 1538, substituted "8841" for "[No present sections]" in item for chapter 863.

CHAPTER 911—STRENGTH

Sec.
9110.
Regular Air Force: strength in grade; general officers.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 831 of this title as this chapter and item 8210 as 9110.

1994Pub. L. 103–337, div. A, title XVI, §1674(b)(2), Oct. 5, 1994, 108 Stat. 3016, struck out items 8212 "Air Reserve; Air National Guard of the United States: strength in grade; temporary increases", 8217 "Reserves: commissioned officers in an active status", 8218 "Reserves: strength in grade; general officers in an active status", 8219 "Reserves: strength in grade; commissioned officers in grades below brigadier general in an active status", 8221 "Air Force Reserve", 8222 "Air Force Reserve, exclusive of members on active duty", 8223 "Air Force Reserve: warrant officers", 8224 "Air National Guard of United States", and 8225 "Air National Guard and Air National Guard of United States, exclusive of members on active duty".

1990Pub. L. 101–510, div. A, title IV, §403(b)(3)(B), Nov. 5, 1990, 104 Stat. 1545, struck out item 8202 "Air Force: strength in grade; general officers".

1985Pub. L. 99–145, title XIII, §1303(a)(26), Nov. 8, 1985, 99 Stat. 740, inserted "; general officers" after "grade" in item 8202.

1980Pub. L. 96–513, title V, §504(6), Dec. 12, 1980, 94 Stat. 2916, struck out item 8201 "Air Force: members on active duty", substituted "strength in grade" for "officers in certain commissioned grades" in item 8202, struck out items 8203 "Regular Air Force: members on active duty", 8204 "Regular Air Force: commissioned officers on active list", 8205 "Regular Air Force: commissioned officers on active list, exclusive of certain categories", 8206 "Regular Air Force: commissioned officers on active list; Air Force nurses", 8207 "Regular Air Force: commissioned officers on active list; medical specialists", 8208 "Regular Air Force: commissioned officers on active list; female commissioned officers, other than those designated under section 8067 of this title to perform professional functions", 8209 "Regular Air Force: commissioned officers on active list; special categories", and 8211 "Regular Air Force: strength in grade; promotion-list officers", substituted "Air Reserve; Air National Guard of the United States: strength in grade; temporary increases" for "Regular Air Force; Air Force Reserve; Air National Guard of the United States: strength in grade; temporary increases" in item 8212, and struck out items 8213 "Regular Air Force: warrant officers on active list", 8214 "Regular Air Force: enlisted members on active duty", 8215 "Regular Air Force: female warrant officers on active list", and 8230 "Personnel detailed outside Department of Defense."

1967Pub. L. 90–130, §1(26)(F), Nov. 8, 1967, 81 Stat. 382, struck out "; female enlisted members on active duty" after "female warrant officers on active list" in item 8215.

1958Pub. L. 85–861, §1(165), Sept. 2, 1958, 72 Stat. 1516, substituted "Air Force medical specialists" for "women medical specialists" in item 8207, inserted "Air Force Reserve; Air National Guard of United States" in item 8212, and added items 8217 to 8219 and 8230.

§9110. Regular Air Force: strength in grade; general officers

(a) Subject to section 526 of this title, the authorized strength of the Regular Air Force in general officers on the active-duty list is 75/10,000 of the authorized strength of the Regular Air Force in commissioned officers on the active-duty list. Of this authorized strength, not more than one-half may be in a regular grade above brigadier general.

(b) When the application of subsection (a) results in a fraction, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.

(c) General officers on the active-duty list of the Regular Air Force who are specifically authorized by law to hold a civil office under the United States, or an instrumentality thereof, are not counted in determining authorized strength under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 500, §8210; Pub. L. 85–861, §1(161), Sept. 2, 1958, 72 Stat. 1514; Pub. L. 96–513, title V, §504(7), Dec. 12, 1980, 94 Stat. 2916; Pub. L. 102–190, div. A, title X, §1061(a)(23)(A), Dec. 5, 1991, 105 Stat. 1473; renumbered §9110, Pub. L. 115–232, div. A, title VIII, §806(b)(1), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8210(a) 10:506a(a) (words before 1st semicolon). Aug. 7, 1947, ch. 512, §503(a), 61 Stat. 885.
8210(b) 10:506a(a) (less words before 1st semicolon, and less provisos).
8210(c) 10:506a(a) (1st, 2d, and 3d provisos).
8210(d) 10:506a(a) (4th proviso).
8210(e) 10:506a(a) (last proviso).

As enacted, section 503(a) of the Officer Personnel Act of 1947 (10:506a(a)) provided, subject to certain percentage limitations, for the following authorized strength of the Regular Army in general officers on the active list:

 
  
Medical Corps 16
Dental Corps 4
Veterinary Corps 1
The Chaplains 2
Army, exclusive of the above 334
Total 357

Under section 208(e) of the National Security Act of 1947 (5 U.S.C. 626c(e)), allocations of those authorized strengths were made between the Army and the Air Force as follows:

 
 ArmyAir Force
Medical Corps 12 4
Dental Corps 3 1
Veterinary Corps 1 0
The Chaplains 1 1
Army and Air Force, exclusive of the above 184 150
Total 201 156

After the enactment of the Officer Personnel Act of 1947, section 308 of the Army Organization Act of 1950 (10:61–1) provided for an Assistant Judge Advocate General and three brigadier generals in the Judge Advocate General's Corps of the Army. The creation of these four general officer spaces served to increase the mentioned authorized strength figure from 357 to 361, and the figure 201 to 205. The opinion of the Judge Advocate General of the Army (JAGA 1948/5806, 2 Sept. 1948) is in accord with that conclusion.

The revised section reflects the authorized strength of the Regular Air Force in general officers on the active list resulting from the mentioned allocation to the Air Force.

That allocation, and those mentioned in the explanation of subsection (c) below, have had the force of law since July 26, 1950, when the period for transfers, including the administrative authority to change these allocations, expired.

The word "regular" is substituted for the word "permanent" throughout the revised subsection.

In subsection (c), 10:506a(a) (1st proviso) is omitted, since there is no authority to appoint to a regular grade above major general. 10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the declaration of a national emergency on December 16, 1950.

In subsection (c)(1), the figures "4" and "2" result from the allocation of the original figures "16" and "8".

In subsection (c)(2), the figure "1" results from the allocation of the original figures "4" and "2".

In subsection (c)(3), the figure "1" results from the allocation of the original figures "2" and "1". (The major general was allocated to the Army, the brigadier general to the Air Force.)

In subsection (c)(4), the figures "150" and "75" result from the allocation of the original figures "334" and "167". That allocation corresponds to the allotment made by the Secretary of War between the Air Corps and the Army exclusive of the Air Corps, the Medical Department, and the Chaplains, under 10: 506a(a) (3d proviso). That proviso is omitted as executed.

In subsection (e), the words "by law to hold any civil office under the United States" are substituted for the words "by Acts of Congress to hold appointments in the Diplomatic or Consular Service of the Government or to hold any civil office under the Government".

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8210(a) 10 App.:506a(a)(2) (less 4th and last sentences). July 20, 1956, ch. 646, §302 (less 1st par.), 70 Stat. 587.
8210(b) 10 App.:506a(a)(2) (4th sentence).
8210(c) 10 App.:506a(a)(2) (last sentence).

In subsection (a), the words "Subject to section 8202(a) of this title" are substituted for 10 App.:506a(a)(2) (3d sentence).

Amendments

2018Pub. L. 115–232 renumbered section 8210 of this title as this section.

1991—Subsec. (a). Pub. L. 102–190 substituted "section 526" for "section 8202(a)".

1980—Subsecs. (a), (c). Pub. L. 96–513 substituted "active-duty list" for "active list" wherever appearing.

1958—Subsec. (a). Pub. L. 85–861 inserted "Subject to section 8202(a) of this title," before "the", and struck out provisions which excluded the number of commissioned officers on the active list authorized by former subsec. (b) of this section and medical service officers.

Subsec. (b). Pub. L. 85–861 redesignated subsec. (d) as (b), and struck out former subsec. (b) which prescribed the authorized strength of general officers as medical, dental, and veterinary officers, and as chaplains.

Subsec. (c). Pub. L. 85–861 redesignated subsec. (e) as (c), and struck out former subsec. (c) which prescribed the maximum number of general officers for the active list of the Regular Air Force.

Subsecs. (d), (e). Pub. L. 85–861 redesignated subsecs. (d) and (e) as (b) and (c), respectively.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

CHAPTER 913—ENLISTMENTS

Sec.
9131.
Definition.
9132.
Regular Air Force: gender-free basis for acceptance of original enlistments.
9137.
Regular Air Force: aviation cadets; qualifications, grade, limitations.
9138.
Regular Air Force: reenlistment after service as an officer.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 833 of this title as this chapter and items 8251, 8252, 8257, and 8258 as 9131, 9132, 9137, and 9138, respectively.

2006Pub. L. 109–163, div. A, title V, §542(b)(2), Jan. 6, 2006, 119 Stat. 3253, struck out item 8253 "Air Force: persons not qualified".

1994Pub. L. 103–337, div. A, title XVI, §1674(b)(3), Oct. 5, 1994, 108 Stat. 3016, struck out items 8259 "Air Force Reserve: transfer from Air National Guard of United States", 8260 "Air Force Reserve: transfer to upon withdrawal as member of Air National Guard", and 8261 "Air National Guard of United States".

1988Pub. L. 100–456, div. A, title V, §522(a)(2), Sept. 29, 1988, 102 Stat. 1973, added item 8252.

1968Pub. L. 90–235, §2(a)(4)(C), Jan. 2, 1968, 81 Stat. 756, struck out item 8252 "Temporary enlistments", item 8254 "Air Force: during war or emergency", item 8255 "Regular Air Force: recruiting campaigns", item 8256 "Regular Air Force: qualifications, term, grade", item 8262 "Extension of enlistment for members needing medical care or hospitalization", and item 8263 "Voluntary extension of enlistment".

1958Pub. L. 85–861, §1(166)(C), (D), Sept. 2, 1958, 72 Stat. 1516, struck out ": enlistment" after "United States" in item 8261, and added item 8263.

§9131. Definition

In this chapter, the term "enlistment" means original enlistment or reenlistment.

(Aug. 10, 1956, ch. 1041, 70A Stat. 503, §8251; Pub. L. 100–180, div. A, title XII, §1231(19)(A), Dec. 4, 1987, 101 Stat. 1161; renumbered §9131, Pub. L. 115–232, div. A, title VIII, §806(b)(2), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8251 [No source]. [No source].

The revised section is inserted for clarity.

Amendments

2018Pub. L. 115–232 renumbered section 8251 of this title as this section.

1987Pub. L. 100–180 inserted ", the term" after "In this chapter".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9132. Regular Air Force: gender-free basis for acceptance of original enlistments

In accepting persons for original enlistment in the Regular Air Force, the Secretary of the Air Force may not—

(1) set a minimum or maximum percentage of persons who may be accepted for such an enlistment according to gender for skill categories or jobs; or

(2) in any other way base the acceptance of a person for such an enlistment on gender.

(Added Pub. L. 100–456, div. A, title V, §522(a)(1), Sept. 29, 1988, 102 Stat. 1973, §8252; amended Pub. L. 102–484, div. A, title X, §1052(40), Oct. 23, 1992, 106 Stat. 2501; renumbered §9132, Pub. L. 115–232, div. A, title VIII, §806(b)(2), Aug. 13, 2018, 132 Stat. 1832.)

Amendments

2018Pub. L. 115–232 renumbered section 8252 of this title as this section.

1992Pub. L. 102–484 substituted "In" for "(a) Except as provided in subsection (b), in" and struck out subsec. (b) which read as follows: "Subsection (a) shall not apply with respect to an enlistment specified as being for training leading to designation in a skill category involving duty assignments to which, under section 8549 of this title, female members of the Air Force may not be assigned."

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

Pub. L. 100–456, div. A, title V, §522(c), Sept. 29, 1988, 102 Stat. 1974, provided that: "Such section [10 U.S.C. 8252] shall apply with respect to persons accepted for original enlistment in the Regular Air Force after September 30, 1989."

Implementation

Pub. L. 100–456, div. A, title V, §522(b), Sept. 29, 1988, 102 Stat. 1973, provided that: "The Secretary of the Air Force shall develop a methodology for implementing section 8252 of title 10, United States Code, as added by subsection (a), not later than October 1, 1989."

§9137. Regular Air Force: aviation cadets; qualifications, grade, limitations

(a) The grade of aviation cadet is a special enlisted grade in the Regular Air Force.

(b) Any citizen of the United States may be enlisted as an aviation cadet, if he is otherwise qualified.

(c) Any enlisted member of the Regular Air Force who is otherwise qualified may be designated, with his consent, as an aviation cadet by the Secretary of the Air Force.

(d) Except in time of war or of emergency declared by Congress, at least 20 percent of the aviation cadets designated in each fiscal year shall be selected from members of the Regular Air Force or the Regular Army who are eligible and qualified. No person may be enlisted or designated as an aviation cadet unless—

(1) he agrees in writing that, upon his successful completion of the course of training as an aviation cadet, he will accept a commission as second lieutenant in the Air Force Reserve, and will serve on active duty as such for a period of three years, unless sooner released; and

(2) if under 21 years of age, he has the consent of his parent or guardian to his agreement.


(e) While on active duty, an aviation cadet is entitled to uniforms, clothing, and equipment at the expense of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 504, §8257; Pub. L. 85–861, §33(a)(37), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 96–513, title II, §237, Dec. 12, 1980, 94 Stat. 2887; renumbered §9137, Pub. L. 115–232, div. A, title VIII, §806(b)(2), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8257(a)

8257(b)

10:297a.

10:299 (1st sentence, less last 19 words).

June 3, 1941, ch. 165, §§1, 3 (1st and 2d sentences), 55 Stat. 239.
8257(c) 10:291f–2 (less 1st 55 words of 1st proviso). June 13, 1949, ch. 199, §3, 63 Stat. 175.
  10:299 (last 19 words of 1st sentence).
8257(d) 10:291f–2 (1st 55 words of 1st proviso).

10:299 (2d sentence).

In subsection (b), the words "Under such regulations as the Secretary of the Army may prescribe" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.

In subsection (c), the words "who is otherwise qualified" and "with his consent" are substituted for 10: 291f–2 (less 1st 55 words of 1st proviso).

In subsection (d), the first sentence is substituted for 10:291f–2 (proviso). The words "after June 13, 1940" (the date of enactment of the source statute) are substituted for the word "hereafter", in 10:291f–2. The words "after June 13, 1949", in 10:291f–2, are omitted as executed. The first 17 words of the last sentence are substituted for 10:299 (1st 20 words of 2d sentence). Clause (2) is substituted for 10:299 (proviso of 2d sentence).

1958 Act

The new subsection (e) is necessary to reflect the last 11 words of the second sentence of section 4 of the Army Aviation Cadet Act (formerly 10 U.S.C. 304), which were omitted from the original military codification act, the Act of August 10, 1956, chapter 1041, as part of the source law for section 20(b) of that Act (70A Stat. 627). See Senate Report No. 2484, 84th Congress, 2d Session, page 738. Since the source law did not permit the payment of a money allowance to an aviation cadet in place of the issuance of uniforms, clothing, and equipment, as may be done for enlisted members generally, it is necessary to restate this provision separately. See Opinion of the Deputy General Counsel, Department of Defense, May 29, 1957.

Amendments

2018Pub. L. 115–232 renumbered section 8257 of this title as this section.

1980—Subsec. (b). Pub. L. 96–513 substituted "Any citizen" for "Any male citizen".

Subsec. (c). Pub. L. 96–513 substituted "Any enlisted member" for "Any male enlisted member".

1958—Subsec. (e). Pub. L. 85–861 added subsec. (e).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

§9138. Regular Air Force: reenlistment after service as an officer

(a) Any former enlisted member of the Regular Air Force who has served on active duty as an officer of the Air Force, or who was discharged as an enlisted member to accept an appointment as an officer of the Air Force, is entitled to be reenlisted in the Regular Air Force in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its inception in line of duty, if (1) his service as an officer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Air Force prescribes for exceptional circumstances) after termination of that service.

(b) A person is not entitled to be reenlisted under this section if—

(1) the person was discharged or released from active duty as an officer on the basis of a determination of—

(A) misconduct;

(B) moral or professional dereliction;

(C) duty performance below prescribed standards for the grade held; or

(D) retention being inconsistent with the interests of national security; or


(2) the person's former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that person during the active duty from which the person was released or discharged.

(Aug. 10, 1956, ch. 1041, 70A Stat. 505, §8258; Pub. L. 85–603, §1(3), Aug. 8, 1958, 72 Stat. 526; Pub. L. 102–484, div. A, title V, §520(b), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 110–181, div. A, title V, §506(b), Jan. 28, 2008, 122 Stat. 96; renumbered §9138, Pub. L. 115–232, div. A, title VIII, §806(b)(2), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8258 10:631a (less last proviso). July 14, 1939, ch. 267, §1 (less last proviso); restated May 29, 1954, ch. 249, §19(b) (less last proviso), 68 Stat. 166.

The words "former" and "as an enlisted member" are inserted for clarity. The words "credit for service" are substituted for the words "of service". The words "in his grade" are substituted for the words "in the appropriate enlisted grade". The words "he applies" are substituted for the words "application * * * shall be made". The words "Hereafter" and "while on active duty" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8258 of this title as this section.

2008—Subsec. (a). Pub. L. 110–181, §506(b)(1), substituted "duty as an officer of the Air Force" for "duty as a reserve officer of the Air Force" and "an appointment" for "a temporary appointment".

Subsec. (b)(1). Pub. L. 110–181, §506(b)(2)(A), substituted "an officer" for "a Reserve officer" in introductory provisions.

Subsec. (b)(2). Pub. L. 110–181, §506(b)(2)(B), substituted "the commission" for "the Reserve commission".

1992Pub. L. 102–484 designated existing provisions as subsec. (a), added subsec. (b), and struck out at end of subsec. (a) "However, if his service as an officer terminated by a general discharge, he may, under regulations to be prescribed by the Secretary of the Air Force, be so reenlisted."

1958Pub. L. 85–603 limited entitlement to be reenlisted in enlisted grade to those officers whose service terminated by an honorable discharge and those relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and provided that persons whose service terminated by a general discharge, may, under regulations to be prescribed by the Secretary of the Air Force, be so reenlisted.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–484 applicable to persons discharged or released from active duty as commissioned officers in the Air Force Reserve after Oct. 23, 1992, see section 520(c) of Pub. L. 102–484, set out as a note under section 3258 of this title.

CHAPTER 915—APPOINTMENTS IN THE REGULAR AIR FORCE

Sec.
9151.
Commissioned officer grades.
9160.
Warrant officers: original appointment; qualifications.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 835 of this title as this chapter and items 8281 and 8310 as 9151 and 9160, respectively.

1980Pub. L. 96–513, title V, §504(10), Dec. 12, 1980, 94 Stat. 2916, struck out items 8284 "Commissioned officers: appointment, how made", 8285 "Commissioned officers: original appointment; qualifications", 8286 "Commissioned officers: original appointment; age limitations", 8287 "Commissioned officers: original appointment; service credit", 8288 "Commissioned officers: original appointment; determination of grade", 8289 "Commissioned officers: medical officers; original appointment; professional examination", 8293 "Commissioned officers; chaplains: original appointment; examination", 8294 "Commissioned officers: medical and dental officers: original appointment", 8295 "Commissioned officers: original appointment; determination of place on promotion list", 8296 "Promotion lists: promotion-list officer defined; determination of place upon transfer or promotion", 8297 "Selection boards", 8298 "Commissioned officers: promotion to first lieutenant; effect of failure of promotion", 8299 "Commissioned officers: promotion to captain, major, or lieutenant colonel", 8300 "Commissioned officers: promotion to captain, major, or lieutenant colonel; selection board procedure", 8301 "Commissioned officers: promotion to captain, major, or lieutenant colonel; officers with special qualifications", 8302 "Commissioned officers: medical, dental, and veterinary officers: promotion to captain, major, or lieutenant colonel; professional examination", 8303 "Commissioned officers: effect of failure of promotion to captain, major, or lieutenant colonel", 8305 "Commissioned officers: promotion to colonel", 8306 "Commissioned officers: promotion to brigadier general", 8307 "Commissioned officers: promotion to major general", 8308 "Commissioned officers: effect of removal from recommended list by President or failure of confirmation by Senate", 8309 "Commissioned officers: physical examination for promotion", 8312 "Officers: acceptance of promotion", 8313 "Suspension of laws for promotion or mandatory retirement or separation during war or emergency", and 8314 "Commissioned officers: promotion not be to delayed by another appointment".

1958Pub. L. 85–861, §§1(177)(B), 33(a)(38), Sept. 2, 1958, 72 Stat. 1520, 1566, substituted "officers" for "Officers" in item 8309, and added item 8314.

1957Pub. L. 85–155, title III, §301(15), Aug. 21, 1957, 71 Stat. 388, struck out items 8291 "Commissioned officers; Air Force nurses and women medical specialists: original appointment; additional qualifications, grade" and 8304 "Commissioned officers; Air Force nurses and women medical specialists: promotion to first lieutenant, captain, major, lieutenant colonel, or colonel".

§9151. Commissioned officer grades

The commissioned grades in the Regular Air Force are:

(1) Major general.

(2) Brigadier general.

(3) Colonel.

(4) Lieutenant colonel.

(5) Major.

(6) Captain.

(7) First lieutenant.

(8) Second lieutenant.

(Aug. 10, 1956, ch. 1041, 70A Stat. 507, §8281; renumbered §9151, Pub. L. 115–232, div. A, title VIII, §806(b)(3), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8281 10:506(a) (last 24 words). Aug. 7, 1947, ch. 512, §502(a) (last 24 words), 61 Stat. 884.

Amendments

2018Pub. L. 115–232 renumbered section 8281 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9160. Warrant officers: original appointment; qualifications

Original appointments as warrant officers in the Regular Air Force shall be made from persons who have served on active duty at least one year in the Air Force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 518, §8310; renumbered §9160, Pub. L. 115–232, div. A, title VIII, §806(b)(3), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8310 10:591.

[Uncodified: June 3, 1916, ch. 134, §4a (less 3d and last sentences); added June 4, 1920, ch. 227, subch. I, §4 (3d par., less 3d and last sentences), 41 Stat. 761].

June 3, 1916, ch. 134, §4a (less 3d and last sentences); added June 4, 1920. ch. 227, subch. I, §4 (3d par., less 3d and last sentences), 41 Stat. 761.]

Aug. 21, 1941, ch. 384, §2; restated May 29, 1954, ch. 249, §19(c), 68 Stat. 166.

The first sentence of section 4a of the act of June 3, 1916, cited above, is omitted as superseded by section 8213 of this title. The second sentence, less first nine words, of section 4a of that act, is omitted as superseded by 10:591.

Amendments

2018Pub. L. 115–232 renumbered section 8310 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 919—TEMPORARY APPOINTMENTS

Sec.
9176.
Retention on active duty.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 839 of this title as this chapter and item 8446 as 9176.

1980Pub. L. 96–513, title V, §504(12), Dec. 12, 1980, 94 Stat. 2917, struck out items 8441 "General rule", 8442 "Commissioned officers; regular and reserve components: appointment in higher grade", 8444 "Commissioned officers: during war or emergency", 8445 "Officers: additional appointments during war or emergency", 8447 "Appointments in commissioned grade: how made; how terminated", 8448 "Warrant officers: grades; appointment", 8449 "Warrant officers: promotion", 8451 "Officers: acceptance of appointment in higher grade", and 8452 "Medical and dental officers: temporary promotion to captain".

1968Pub. L. 90–235, §3(b)(6), Jan. 2, 1968, 81 Stat. 758, struck out item 8450 "Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency".

1958Pub. L. 85–861, §1(180)(F), (G), Sept. 2, 1958, 72 Stat. 1532, struck out item 8443 "Commissioned officers; Reserves; appointment in higher or lower grade", and added item 8452.

§9176. Retention on active duty

The President may retain on active duty a disabled officer until—

(1) the physical condition of the officer is such that the officer will not be further benefited by retention in a military hospital or a medical facility of the Department of Veterans Affairs; or

(2) the officer is processed for physical disability benefits provided by law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 522, §8446; Pub. L. 85–861, §1(180)(C), Sept. 2, 1958, 72 Stat. 1532; Pub. L. 101–189, div. A, title XVI, §1621(a)(10), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 102–25, title VII, §701(j)(6), Apr. 6, 1991, 105 Stat. 116; renumbered §9176, Pub. L. 115–232, div. A, title VIII, §806(b)(4), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8446 10:499. June 19, 1948, ch. 511, 62 Stat. 489.

The word "Shall" is substituted for the words "authorized and directed". The words "on active duty" are substituted for the words "in service". The words "warrant officers, and flight officers" are omitted, since the definition of "officer" in section 101(14) of this title covers commissioned, warrant, and flight officers. The words "who has only a temporary appointment" are substituted for the words "of the Air Force * * * of the United States". The words "his physical condition is such that he" are substituted for the words "their treatment for physical reconstruction has reached a point where they". The words "in the Air Force" are substituted for the words "in the military service".

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8446 10 App.:499. June 15, 1956, ch. 388, 70 Stat. 282.

The words "commissioned officers and warrant" are omitted as covered by the definition of the word "officer" in section 101(14) of this title. The words "condition is such that" are substituted for the words "reconstruction has reached a point where".

Amendments

2018Pub. L. 115–232 renumbered section 8446 of this title as this section.

1991—Par. (2). Pub. L. 102–25 struck out "as" before "provided by law".

1989Pub. L. 101–189 amended section generally. Prior to amendment, section read as follows: "Notwithstanding any other provision of law, the President may retain on active duty any disabled officer until his physical condition is such that he will not be further benefited by retention in a military or Veterans' Administration hospital or until he is processed for physical disability benefits provided by law."

1958Pub. L. 85–861 substituted "may retain on active duty any disabled officer" for "shall retain on active duty any disabled officer who has only a temporary appointment", and "military or Veterans' Administration hospital or until he is processed for physical disability benefits provided by law", for "military hospital or in the Army".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 921—ACTIVE DUTY

Sec.
9191.
Non-regular officers: status.
9203.
Retired commissioned officers: status.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 841 of this title as this chapter and items 8491 and 8503 as 9191 and 9203, respectively.

1994Pub. L. 103–337, div. A, title XVI, §1674(b)(4), Oct. 5, 1994, 108 Stat. 3016, struck out items 8495 "Air National Guard of United States: status", 8496 "Air National Guard of United States: commissioned officers; duty in National Guard Bureau", 8497 "Air National Guard of United States: members; status in which ordered into Federal service", 8498 "Air National Guard of United States: mobilization; maintenance of organization", 8499 "Air National Guard in Federal service: status", 8500 "Air National Guard in Federal service: call", 8501 "Air National Guard in Federal service: period of service; apportionment", and 8502 "Air National Guard in Federal service: physical examination".

1980Pub. L. 96–513, title V, §504(13), Dec. 12, 1980, 94 Stat. 2917, struck out items 8494 "Commissioned officers: grade in which ordered to active duty" and 8504 "Retired commissioned officers: status".

1968Pub. L. 90–235, §1(a)(4), Jan. 2, 1968, 81 Stat. 753, struck out item 8492 "Members: service extension during war".

1967Pub. L. 90–130, §1(29)(B), Nov. 8, 1967, 81 Stat. 382, struck out ": limitations; grade" after "Retired members" in item 8504.

1958Pub. L. 85–861, §1(181)(B), Sept. 2, 1958, 72 Stat. 1533, added item 8494.

§9191. Non-regular officers: status

A commissioned officer of the Air Force, other than of the Regular Air Force, who is on active duty in any commissioned grade has the rights and privileges, and is entitled to the benefits, provided by law for a commissioned officer of the Air Force Reserve—

(1) whose reserve grade is that in which the officer not of the Regular Air Force is serving;

(2) who has the same length of service as the officer not of the Regular Air Force; and

(3) who is on active duty in his reserve grade.

(Aug. 10, 1956, ch. 1041, 70A Stat. 524, §8491; renumbered §9191, Pub. L. 115–232, div. A, title VIII, §806(b)(5), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8491 10:506d(h). Aug. 7, 1947, ch. 512, §515(h), 61 Stat. 908.

The first 12 words are substituted for 10:506d(h) (1st 11 words). The words "has the rights and privileges, and is entitled to the benefits" are substituted for the words "shall be entitled * * * to the same rights, privileges, and benefits". Clause (1) is substituted for the words "in a grade the same as such 'active-duty grade' ". The words "as the officer not of the Regular Air Force" are substituted for the words "holding appointment in the Army Reserve". The words "his reserve grade" are substituted for the words "the grade held in the Army".

Amendments

2018Pub. L. 115–232 renumbered section 8491 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9203. Retired commissioned officers: status

A retired commissioned officer of the Air Force who is on active duty is considered, for all purposes except promotion, to be an officer of the organization to which he is assigned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 526, §8503; renumbered §9203, Pub. L. 115–232, div. A, title VIII, §806(b)(5), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8503 10:999. July 9, 1918, ch. 143, subch. XX (2d par.), 40 Stat. 893.

The words "and shall be an extra number therein" are omitted, since, in the opinion of the Judge Advocate General of the Army (JAG 210.85, Feb. 21, 1923), they were repealed by the Act of July 31, 1935, ch. 422, 49 Stat. 505. The words "in the discretion of the President, employed * * * assigned to duty" are omitted as surplusage. The words "arms, corps, department" are omitted, since the Air Force does not have organic corps created by statute.

Amendments

2018Pub. L. 115–232 renumbered section 8503 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 923—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

Sec.
9217.
Duties: chaplains; assistance required of commanding officers.
9218.
Duties: warrant officers; limitations.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 843 of this title as this chapter and items 8547 and 8548 as 9217 and 9218, respectively.

2016Pub. L. 114–328, div. A, title V, §502(pp)(2), Dec. 23, 2016, 130 Stat. 2106, struck out item 8543 "Aides: detail; number authorized".

1994Pub. L. 103–337, div. A, title XVI, §1674(b)(5), Oct. 5, 1994, 108 Stat. 3016, struck out items 8541 "National Guard Bureau: assignment of officers of regular or reserve components" and 8542 "Chief and assistant chief of staff of wings of Air National Guard in Federal service: detail".

1991Pub. L. 102–190, div. A, title V, §531(a)(2), Dec. 5, 1991, 105 Stat. 1365, struck out item 8549 "Duties: female members; limitations".

1980Pub. L. 96–513, title V, §504(14), Dec. 12, 1980, 94 Stat. 2917, struck out item 8531 "Chief of Staff to President: appointment".

1968Pub. L. 90–235, §4(a)(11), (b)(4), Jan. 2, 1968, 81 Stat. 760, struck out item 8537 "Department of Commerce: detail in aid of civil aviation", item 8544 "Duties: regular officers; performance of civil functions restricted", and item 8545 "Duties: officers; superintendence of cooking for enlisted members".

1964Pub. L. 88–647, title III, §301(24), Oct. 13, 1964, 78 Stat. 1073, struck out item 8540 "Educational institutions: detail of members of regular or reserve components as professors and instructors in air science and tactics".

1958Pub. L. 85–861, §1(182), Sept. 2, 1958, 72 Stat. 1533, struck out item 8546 "Duties: medical officers, contract surgeons; attendance on families of members".

§9217. Duties: chaplains; assistance required of commanding officers

(a) Each chaplain shall, when practicable, hold appropriate religious services at least once on each Sunday for the command to which he is assigned, and shall perform appropriate religious burial services for members of the Air Force who die while in that command.

(b) Each commanding officer shall furnish facilities, including necessary transportation, to any chaplain assigned to his command, to assist the chaplain in performing his duties.

(Aug. 10, 1956, ch. 1041, 70A Stat. 528, §8547; renumbered §9217, Pub. L. 115–232, div. A, title VIII, §806(b)(6), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8547(a) 10:238. R.S. 1125.
8547(b) 10:239. R.S. 1127.
  [Uncodified: Feb. 2, 1901, ch. 192, §12 (last sentence), 31 Stat. 750]. Feb. 2, 1901, ch. 192, §12 (last sentence), 31 Stat. 750.

In subsection (a), the words "members of the Air Force" are substituted for the words "officers and soldiers".

In subsection (b), the words "regiments, hospitals, and posts", in 10:239, are omitted, since at the time of the enactment of section 1127 of the Revised Statutes, chaplains were authorized only for regiments, hospitals, and posts. The revised section preserves the broad coverage of the original statute. The words "each commanding officer shall" are substituted for the words "It shall be the duty of commanders", in 10:239. The word "furnish" is substituted for the words "to afford", in 10:239. The words "including necessary transportation" are substituted for the last sentence of section 12 of the Act of February 2, 1901, ch. 192, 31 Stat. 750. The words "his command" are substituted for the words "the same", in 10:239. The words "to assist" are substituted for the words "as may aid them", in 10:239.

Amendments

2018Pub. L. 115–232 renumbered section 8547 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9218. Duties: warrant officers; limitations

Under regulations prescribed by the President, a warrant officer may be assigned to perform duties that necessarily include those normally performed by a commissioned officer.

(Aug. 10, 1956, ch. 1041, 70A Stat. 528, §8548; renumbered §9218, Pub. L. 115–232, div. A, title VIII, §806(b)(6), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8548 10:593 (1st sentence). Aug. 21, 1941, ch. 384, §4 (1st sentence), 55 Stat. 653.

10:593 (1st sentence, less provisos) is omitted as superseded by section 8012(e) of this title. 10:593 (last proviso) is omitted as covered by section 936(a)(4) of this title (article 136(a)(4) of the Uniform Code of Military Justice). The words "may be assigned" are substituted for the words "shall be vested with power to".

Amendments

2018Pub. L. 115–232 renumbered section 8548 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 925—RANK AND COMMAND

Sec.
9222.
Rank: commissioned officers serving under temporary appointments.
9225.
Rank: warrant officers.
9229.
Command: commissioned officers in certain designated categories.
9231.
Command: chaplains.
9233.
Requirement of exemplary conduct.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 845 of this title as this chapter and items 8572, 8575, 8579, 8581, and 8583 as 9222, 9225, 9229, 9231, and 9233, respectively.

1997Pub. L. 105–85, div. A, title V, §507(b)(2), Nov. 18, 1997, 111 Stat. 1727, added item 8583.

1980Pub. L. 96–513, title V, §504(15), Dec. 12, 1980, 94 Stat. 2917, struck out items 8571 "Rank: commissioned officers on active duty", 8573 "Rank: commissioned officers in regular grades of brigadier general and major general; seniority list", 8574 "Rank: commissioned officers in regular grades below brigadier general", and 8582 "Command: retired officers".

1974Pub. L. 93–525, Dec. 18, 1974, 88 Stat. 1695, struck out item 8577 "Command: flying units".

1968Pub. L. 90–235, §5(a)(5), Jan. 2, 1968, 81 Stat. 761, struck out items 8576 "Command: when different commands of Air Force and Marine Corps join", and 8578 "Command, commissioned officers of Air Force in same grade on duty at same place".

1967Pub. L. 90–130, §1(30), Nov. 8, 1967, 81 Stat. 382, struck out item 8580 "Command: female members of Air Force".

§9222. Rank: commissioned officers serving under temporary appointments

The President may, in accordance with the needs of the Air Force, adjust dates of rank of commissioned officers of the Air Force serving in temporary grades.

(Aug. 10, 1956, ch. 1041, 70A Stat. 529, §8572; renumbered §9222, Pub. L. 115–232, div. A, title VIII, §806(b)(7), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8572 10:506d(c) (last sentence). Aug. 7, 1947, ch. 512, §515(c) (last sentence), 61 Stat. 907.

The word "commissioned" is inserted for clarity, since the source statute related only to commissioned officers. The words "in his discretion, from time to time" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8572 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9225. Rank: warrant officers

Warrant officers rank next below second lieutenants and rank among themselves within each warrant officer grade under regulations to be prescribed by the Secretary of the Air Force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 530, §8575; renumbered §9225, Pub. L. 115–232, div. A, title VIII, §806(b)(7), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8575 10:593 (less 1st sentence). Aug. 21, 1941, ch. 384, §4 (less 1st sentence), 55 Stat. 653; May 29, 1954, ch. 249, §19(e), 68 Stat. 167.

10:593 (2d sentence) is omitted as executed. The words "within each warrant officer grade" are inserted for clarity, since section 745 of this title covers rank between warrant officers in different warrant officer grades. The words "they shall take precedence" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8575 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9229. Command: commissioned officers in certain designated categories

An officer designated as a medical, dental, veterinary, medical service, or biomedical sciences officer or as a nurse is not entitled to exercise command because of rank, except within the categories prescribed in subsection (a), (b), (c), (d), (e), (f), or (i) of section 9067 of this title, or over persons placed under his charge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 531, §8579; Pub. L. 85–861, §1(156), (185), Sept. 2, 1958, 72 Stat. 1513, 1533; Pub. L. 96–513, title II, §212(b), Dec. 12, 1980, 94 Stat. 2885; renumbered §9229 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(7), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8579(a) 10:82. R.S. 1169.
8579(b) 10:166e (less 1st sentence). Apr. 16, 1947, ch. 38, §106 (less 1st sentence), 61 Stat. 44.

In subsection (a), the words "Except as provided in section 94 of this title", not contained in section 1169 of the Revised Statutes, but contained in the United States Code, are omitted as surplusage, since 10:94 deals exclusively with assignments. The words "except within the categories prescribed in section 8067(a)–(d) of this title" are substituted for the words "in the line or in other staff corps". Air Force nurses and women medical specialists are not covered by subsection (a), since their command authority is specifically stated in subsection (b).

In subsection (b), the words "may exercise command only" are substituted for the words "shall not be entitled * * * to command except". The words "by virtue of their rank" and "by competent authority" are omitted as surplusage. 10:166(e) (last 22 words of last sentence) is omitted as superseded by section 8012(e) of this title.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8579(b) 10 App.:166b–3. Aug. 9, 1955, ch. 654, §1, 69 Stat. 579.

This amendment reflects the authority contained in section 8067(e) and (f) of this title to appoint male reserve officers with a view to designation as Air Force nurses or medical specialists.

Amendments

2018Pub. L. 115–232 renumbered section 8579 of this title as this section and substituted "section 9067" for "section 8067".

1980Pub. L. 96–513 substituted provision prohibiting an officer designated as a medical, dental, veterinary, medical service, or biomedical sciences officer or as a nurse from exercising command because of rank, except within the categories prescribed in section 8067(a) to (f) or (i) of this title, or over persons placed under his charge for provision prohibiting an officer designated as a medical, dental, veterinary, or medical service officer from exercising command because of rank, except within categories prescribed in section 8067(a) to (d) of this title, and authorizing an Air Force nurse or medical specialist to exercise command only within his category, or over persons placed under his charge.

1958—Subsec. (b). Pub. L. 85–861 struck out "woman" before "medical specialist", and substituted "his" for "her" in two places.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

§9231. Command: chaplains

An officer designated as a chaplain has rank without command.

(Aug. 10, 1956, ch. 1041, 70A Stat. 531, §8581; renumbered §9231, Pub. L. 115–232, div. A, title VIII, §806(b)(7), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8581 10:235. R.S. 1122.

The words "and shall be on the same footing with other officers of the Army, as to tenure of office, retirement, and pensions" are omitted as obsolete, since there is no distinction between the status of a chaplain as an officer and the status of other officers of the Air Force.

Amendments

2018Pub. L. 115–232 renumbered section 8581 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9233. Requirement of exemplary conduct

All commanding officers and others in authority in the Air Force are required—

(1) to show in themselves a good example of virtue, honor, patriotism, and subordination;

(2) to be vigilant in inspecting the conduct of all persons who are placed under their command;

(3) to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Air Force, all persons who are guilty of them; and

(4) to take all necessary and proper measures, under the laws, regulations, and customs of the Air Force, to promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge.

(Added Pub. L. 105–85, div. A, title V, §507(b)(1), Nov. 18, 1997, 111 Stat. 1727, §8583; renumbered §9233, Pub. L. 115–232, div. A, title VIII, §806(b)(7), Aug. 13, 2018, 132 Stat. 1832.)

Amendments

2018Pub. L. 115–232 renumbered section 8583 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 929—MISCELLANEOUS PROHIBITIONS AND PENALTIES

Sec.
9239.
Enlisted members: officers not to use as servants.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 849 of this title as this chapter and item 8639 as 9239.

2008Pub. L. 110–181, div. A, title V, §590(b)(2)(C), Jan. 28, 2008, 122 Stat. 138, struck out item 8634 "Air Force band: may not be paid for performance outside air base".

1980Pub. L. 96–513, title V, §514(4), Dec. 12, 1980, 94 Stat. 2935, struck out items 8632 "Members of Air Force: forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs", 8633 "Commissioned officers: forfeiture of pay when dropped from rolls", and 8636 "Enlisted members: pay and allowances not to accrue during suspended sentence of dishonorable discharge".

1968Pub. L. 90–235, §§6(a)(10), 7(b)(5), Jan. 2, 1968, 81 Stat. 762, 763, struck out items 8631 "Dealing in quartermaster supplies prohibited", 8635 "Enlisted members: restriction on civilian employment", and 8637 "Enlisted members: forfeiture of right to pension by deserters".

1958Pub. L. 85–861, §§1(186), 33(a)(40), Sept. 2, 1958, 72 Stat. 1533, 1566, substituted "8632" for "8362" in item 8632, and struck out item 8638 "Enlisted members: required to make up time lost".

§9239. Enlisted members: officers not to use as servants

No officer of the Air Force may use an enlisted member of the Air Force as a servant.

(Aug. 10, 1956, ch. 1041, 70A Stat. 533, §8639; renumbered §9239, Pub. L. 115–232, div. A, title VIII, §806(b)(8), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8639 10:608. R.S. 1232.

The words "in any case whatever" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8639 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 933—MISCELLANEOUS RIGHTS AND BENEFITS

Sec.
9251.
Presentation of United States flag upon retirement.
9252.
Service credit: regular enlisted members; service as an officer to be counted as enlisted service.
9253.
Flying officer rating: qualifications.

        

Prior Provisions

A prior chapter 933, consisting of sections 9531 to 9541, related to procurement, prior to renumbering as chapter 963 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 853 of this title as this chapter and items 8681, 8684, and 8691 as 9251, 9252, and 9253, respectively.

1998Pub. L. 105–261, div. A, title VI, §644(c)(2), Oct. 17, 1998, 112 Stat. 2049, added item 8681.

1994Pub. L. 103–337, div. A, title XVI, §1674(b)(6), Oct. 5, 1994, 108 Stat. 3016, struck out item 8686 "Members of Air National Guard of United States: credit for service as members of Air National Guard".

1986Pub. L. 99–661, div. A, title VI, §604(f)(1)(B)(iv), Nov. 14, 1986, 100 Stat. 3877, struck out item 8687 "Compensation: members of Air Force other than of regular Air Force; when same as that provided for members of Regular Air Force".

1985Pub. L. 99–145, title XIII, §1301(d)(1)(B), Nov. 8, 1985, 99 Stat. 736, struck out item 8683 "Service credit: certain service as a nurse, woman medical specialist, or civilian employee of Army Medical Department to be counted".

1980Pub. L. 96–513, title V, §514(5), Dec. 12, 1980, 94 Stat. 2935, struck out item 8689 "Assignments and allotments of pay".

1971Pub. L. 92–168, §3(2), Nov. 24, 1971, 85 Stat. 489, struck out item 8692 "Pilot rating in time of peace: qualifications".

1968Pub. L. 90–235, §§6(a)(5), 7(a)(6), (b)(6), Jan. 2, 1968, 81 Stat. 762, 763, struck out items 8682 "Service credit: officers; service as cadet not counted", 8685 "Regular Air Force; Air Force Reserve: female members; definition of 'dependents' ", 8690 "Exemption from arrest for debt: enlisted members", and 8693 "Replacement of certificates of discharge".

1958Pub. L. 85–861, §1(189), Sept. 2, 1958, 72 Stat. 1534, struck out items 8681 "Air Force Register: Regular Air Force officers; service to be listed" and 8688 "Death gratuity".

§9251. Presentation of United States flag upon retirement

(a) Presentation of Flag.—Upon the release of a member of the Air Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member.

(b) Multiple Presentations Not Authorized.—A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

(c) No Cost to Recipient.—The presentation of a flag under this section shall be at no cost to the recipient.

(Added Pub. L. 105–261, div. A, title VI, §644(c)(1), Oct. 17, 1998, 112 Stat. 2049, §8681; amended Pub. L. 106–65, div. A, title VI, §652(e), Oct. 5, 1999, 113 Stat. 666; renumbered §9251, Pub. L. 115–232, div. A, title VIII, §806(b)(9), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 8681 of this title as this section.

1999—Subsec. (b). Pub. L. 106–65 substituted "under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement." for "under this section or section 3681 or 6141 of this title or section 516 of title 14."

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

Section applicable with respect to releases from active duty described in this section, sections 7251 and 8261 of this title, and section 2748 of Title 14, Coast Guard, on or after Oct. 1, 1998, see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of this title.

§9252. Service credit: regular enlisted members; service as an officer to be counted as enlisted service

An enlisted member of the Regular Air Force is entitled to count active service as an officer in the Air Force, and in the Army, as enlisted service for all purposes.

(Aug. 10, 1956, ch. 1041, 70A Stat. 535, §8684; renumbered §9252, Pub. L. 115–232, div. A, title VIII, §806(b)(9), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8684 10:631a (last proviso). July 14, 1939, ch. 267, §1 (last proviso); restated May 29, 1954, ch. 249, §19(b) (last proviso), 68 Stat. 166.

Amendments

2018Pub. L. 115–232 renumbered section 8684 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9253. Flying officer rating: qualifications

Only officers of the Air Force in the following categories may be rated as flying officers:

(1) Officers who have aeronautical ratings as pilots of service types of aircraft or as aircraft observers.

(2) Flight surgeons.

(3) Officers undergoing flight training.

(4) Officers who are members of combat crews, other than pilots of service types of aircraft, aircraft observers, and observers.

(5) In time of war, officers who have aeronautical ratings as observers.

(Aug. 10, 1956, ch. 1041, 70A Stat. 538, §8691; renumbered §9253, Pub. L. 115–232, div. A, title VIII, §806(b)(9), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8691 10:291c.

10:291c–1.

10:291e.

June 3, 1916, ch. 134, §13a (8th, 9th, and 11th provisos); added July 2, 1926, ch. 721, §2 (4th sentence, less 2d proviso), 44 Stat. 781; June 16, 1936, ch. 587, §3, 49 Stat. 1524; Oct. 4, 1940, ch. 742 (last proviso), 54 Stat. 963.
  June 24, 1948, ch. 632 (2d proviso under "Finance Department"), 62 Stat. 650.

10:291c (proviso) and the words "after June 30, 1948", in 10:291c–1, are omitted as executed. The definition of the term "flying officer", in 10:291c, originally was a definition of the term "flying officer in time of peace" as provided by section 2 of the Act of July 2, 1926, ch. 721, 44 Stat. 781. Section 1 of the Act of October 4, 1940, ch. 742, 54 Stat. 963, eliminated the words "in time of peace". As a consequence of that amendment, 10:291e (1st 26 words) is omitted as surplusage. Clause (2) is substituted for 10:291c–1 (less last 10 words). The words "commissioned officers or warrant", in 10:291c–1, are omitted as surplusage. In clause (4), the last 19 words are substituted for the words "any other".

Amendments

2018Pub. L. 115–232 renumbered section 8691 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 935—HOSPITALIZATION

Sec.
9263.
When Secretary may require.

        

Prior Provisions

A prior chapter 935, consisting of sections 9561 to 9565, related to issue of serviceable material to Armed Forces, prior to renumbering as chapter 965 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 855 of this title as this chapter and item 8723 as 9263.

1986Pub. L. 99–661, div. A, title VI, §604(f)(1)(B)(v), Nov. 14, 1986, 100 Stat. 3877, struck out item 8721 "Members of Air Force, other than of Regular Air Force" and item 8722 "Members of C.A.T.C.; members of Air Force not covered by section 8721 of this title".

1958Pub. L. 85–861, §1(190)(D), Sept. 2, 1958, 72 Stat. 1534, struck out reference to members of the A.F.R.O.T.C. in item 8722.

§9263. When Secretary may require

The Secretary of the Air Force may order the hospitalization, medical and surgical treatment, and domiciliary care for as long as necessary, of any member of the Air Force on active duty, and may incur obligations with respect thereto, whether or not the member incurred an injury, illness, or disease in line of duty, except in the case of a member treated in a private hospital, or by a civilian physician, while on leave of absence for more than 24 hours.

(Aug. 10, 1956, ch. 1041, 70A Stat. 539, §8723; Pub. L. 99–661, div. A, title VI, §604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100–26, §7(j)(11), Apr. 21, 1987, 101 Stat. 283; renumbered §9263, Pub. L. 115–232, div. A, title VIII, §806(b)(10), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8723 10:455e.

32:164d.

July 15, 1939, ch. 282; restated Oct. 14, 1940, ch. 875, §5, 54 Stat. 1137.

The words "under such regulations as he may prescribe", in 10:455e and 32:164d, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The references to 10:455a–455d and 32:164a–164c, and the words "nor any other law of the United States shall be construed as limiting the power and authority", are omitted, since the revised section makes explicit the authority of the Secretary to require the prescribed hospitalization and care. The words "or in training, under the provisions of sections 62—" are omitted as covered by the words "active duty". The words "so long as any or all are necessary" and "in the active military service" are omitted as surplusage. With the exception of 32:62 (4th proviso of last sentence), the references to 32:62–65, 144–146, 183, and 186, in 10:455e and 32:164d, do not refer to members of the Air National Guard of the United States and are therefore omitted from the revised section. 10:455e (1st proviso) and 32:164d (1st proviso) are omitted, since they apply only to the National Guard and are covered by section 320 of title 32.

Amendments

2018Pub. L. 115–232 renumbered section 8723 of this title as this section.

1987Pub. L. 100–26 struck out comma after "disease".

1986Pub. L. 99–661 substituted "incurred an injury, illness, or disease" for "was injured, or contracted a disease".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title.

CHAPTER 937—DECORATIONS AND AWARDS

Sec.
9271.
Medal of honor: award.
9272.
Air Force cross: award.
9273.
Distinguished-service medal: award.
9274.
Medal of honor; Air Force cross; distinguished-service medal: limitations on award.
9275.
Medal of honor; Air Force cross; distinguished-service medal: delegation of power to award.
9276.
Silver star: award.
9277.
Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: replacement.
9278.
Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations.
9279.
Distinguished flying cross: award; limitations.
9280.
Airman's Medal: award; limitations.
9281.
Service medals: issue; replacement; availability of appropriations.
9282.
Medals: posthumous award and presentation.
9284.
Medal of honor: duplicate medal.
9285.
Medal of honor: presentation of Medal of Honor Flag.
9286.
Korea Defense Service Medal.

        

Prior Provisions

A prior chapter 937, consisting of sections 9591 to 9594, related to utilities and services, prior to renumbering as chapter 967 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 857 of this title as this chapter and items 8741 to 8756 as 9271 to 9286, respectively.

2004Pub. L. 108–375, div. A, title X, §1084(d)(33), Oct. 28, 2004, 118 Stat. 2063, renumbered item 8755 "Korea Defense Service Medal" as 8756.

2002Pub. L. 107–314, div. A, title V, §543(d)(2), Dec. 2, 2002, 116 Stat. 2550, added item 8755 "Korea Defense Service Medal".

Pub. L. 107–248, title VIII, §8143(c)(3)(B), Oct. 23, 2002, 116 Stat. 1571, added item 8755 "Medal of honor: presentation of Medal of Honor Flag".

2001Pub. L. 107–107, div. A, title V, §553(c)(1)(B), Dec. 28, 2001, 115 Stat. 1116, added item 8754.

1960Pub. L. 86–593, §1(7), July 6, 1960, 74 Stat. 332, substituted "Air Force cross" for "distinguished-service cross" in items 8742, 8744, and 8745, inserted "Air Force cross;" in items 8747 and 8748, and substituted "Airman's Medal" for "Soldier's Medal" in item 8750.

Extension of Time for Award of Decoration

For extension of time for award of decorations, or devices in lieu of decorations, for acts or services performed in direct support of military operations in Southeast Asia between July 1, 1958, and Mar. 28, 1973, see Pub. L. 93–469, Oct. 24, 1974, 88 Stat. 1422, set out as a note preceding section 7271 of this title.

For extension of time for award of decoration, or device in lieu of decoration, for an act or service performed while on active duty in military or naval forces, or while serving with such forces, between June 27, 1950, and July 27, 1953, see act Aug. 2, 1956, ch. 877, 70 Stat. 933, set out as a note preceding section 7271 of this title.

Meritorious Service Medal

Establishment of, see Ex. Ord. No. 11448, set out as a note preceding section 1121 of this title.

§9271. Medal of honor: award

The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to a person who, while a member of the Air Force, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty—

(1) while engaged in an action against an enemy of the United States;

(2) while engaged in military operations involving conflict with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540, §8741; Pub. L. 88–77, §3(1), July 25, 1963, 77 Stat. 94; renumbered §9271, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8741 10:1403. July 9, 1918, ch. 143, (8th par. under "Ordnance Department"), 40 Stat. 870.

The words "That the provisions of existing law relating to the award of medals of honor to officers, noncommissioned officers, and privates of the Army be, and they hereby are, amended so that", in the Act of July 9, 1918, ch. 143 (8th par. under "Ordnance Department"), 40 Stat. 870, are not contained in 10:1403. They are also omitted from the revised section as surplusage. The word "member" is substituted for the words "officer or enlisted man". The word "only" is omitted as surplusage. The word "award" is inserted for clarity, since the President determines the recipient of the medal in addition to presenting it.

Amendments

2018Pub. L. 115–232 renumbered section 8741 of this title as this section.

1963Pub. L. 88–77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons distinguished themselves in action involving actual conflict with an enemy, to permit its award for distinguished service while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9272. Air Force cross: award

The President may award an Air Force cross of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Air Force, distinguishes himself by extraordinary heroism not justifying the award of a medal of honor—

(1) while engaged in an action against an enemy of the United States;

(2) while engaged in military operations involving conflict with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540, §8742; Pub. L. 86–593, §1(1), July 6, 1960, 74 Stat. 331; Pub. L. 88–77, §3(2), July 25, 1963, 77 Stat. 94; renumbered §9272, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8742 10:1406. July 9, 1918, ch. 143 (9th par. under "Ordnance Department"), 40 Stat. 870.

The words "but not in the name of Congress" are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words "since the 6th day of April, 1917" are omitted as executed. The word "award" is substituted for the word "present" to cover the determination of the recipients as well as the actual presentation of the medal, and to conform to other sections of this chapter. The words "or herself" are omitted, since, under section 1 of title 1, words importing the masculine gender include the feminine. The words "or who shall hereafter distinguish" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8742 of this title as this section.

1963Pub. L. 88–77 enlarged the authority to award the Air Force cross, which was limited to those cases in which persons distinguished themselves in connection with military operations against an armed enemy, to permit its award for extraordinary heroism not justifying the award of a medal of honor, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

1960Pub. L. 86–593 substituted "Air Force cross" for "Distinguished-service cross" in section catchline, and substituted "an Air Force cross" for "a distinguished-service cross" in text.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

References to Distinguished-Service Cross and Soldier's Medal Considered Made to Air Force Cross and Airman's Medal

Pub. L. 86–593, §3, July 6, 1960, 74 Stat. 332, provided that: "References that other laws, regulations, and orders make, with respect to the Air Force, to the distinguished-service cross and the Soldier's Medal shall be considered to be made to the Air Force cross and the Airman's Medal, respectively."

§9273. Distinguished-service medal: award

The President may award a distinguished-service medal of appropriate design and a ribbon, together with a rosette or other device to be worn in place thereof, to a person who, while serving in any capacity with the Air Force, distinguishes himself by exceptionally meritorious service to the United States in a duty of great responsibility.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540, §8743; renumbered §9273, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8743 10:1407. July 9, 1918, ch. 143 (10th par., less words after 1st semicolon, under "Ordnance Department"), 40 Stat. 870.

The words "but not in the name of Congress" are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words "since the 6th day of April, 1917" are omitted as executed. The word "award" is substituted for the word "present" to cover the determination of the recipients as well as the actual presentation of the medal, and to conform to other sections of this chapter. The words "or herself" are omitted, since, under section 1 of title 1, words importing the masculine gender include the feminine. The words "or who shall distinguish" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8743 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9274. Medal of honor; Air Force cross; distinguished-service medal: limitations on award

(a) No more than one Air Force Cross or distinguished-service medal may be awarded to a person. However, for each succeeding act that would otherwise justify the award of such a medal or cross, the President may award a suitable bar or other device to be worn as he directs.

(b) Except as provided in subsection (d), no medal of honor, Air Force cross, distinguished-service medal, or device in place thereof, may be awarded to a person unless—

(1) the award is made within five years after the date of the act justifying the award;

(2) a statement setting forth the distinguished service and recommending official recognition of it was made within three years after the distinguished service; and

(3) it appears from records of the Department of the Air Force that the person is entitled to the award.


(c) No medal of honor, Air Force cross, distinguished-service medal, or device in place thereof, may be awarded or presented to a person whose service after he distinguished himself has not been honorable.

(d) If the Secretary of the Air Force determines that—

(1) a statement setting forth the distinguished service and recommending official recognition of it was made and supported by sufficient evidence within three years after the distinguished service; and

(2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted on;


a medal of honor, Air Force cross, distinguished-service medal, or device in place thereof, as the case may be, may be awarded to the person concerned within two years after the date of that determination.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540, §8744; Pub. L. 86–582, §1(3), July 5, 1960, 74 Stat. 320; Pub. L. 86–593, §1(2), July 6, 1960, 74 Stat. 331; Pub. L. 113–66, div. A, title V, §§561(c), 562(b), Dec. 26, 2013, 127 Stat. 766; renumbered §9274, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8744(a)

8744(b)

 

8744(c)

10:1411.

10:1409 (words before 1st semicolon).

10:1409 (words after 2d semicolon).

July 9, 1918, ch. 143 (12th par., less words after 2d semicolon, under "Ordnance Department"); restated Jan. 24, 1920, ch. 55, §1 (less last sentence), 41 Stat. 398.
  July 9, 1918, ch. 143 (less words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871.

In subsection (a), the words "may be awarded to a person" are substituted for the words "shall be issued to any one person" to conform to the other subsections of the revised section.

In subsection (b), the word "thereof" is substituted for the words "of either of said medal or of said cross". The words "Except as otherwise prescribed in this section", "at the time of", "specific", "official", and "has so distinguished himself as" are omitted as surplusage.

In subsection (c), 10:1409 (words after 3d semicolon) is omitted as executed. The words "hereinbefore authorized" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8744 of this title as this section.

2013—Subsec. (a). Pub. L. 113–66, §561(c), substituted "Air Force Cross" for "medal of honor, Air Force cross,".

Subsec. (b)(1). Pub. L. 113–66, §562(b)(1)(A), substituted "five years" for "three years".

Subsec. (b)(2). Pub. L. 113–66, §562(b)(1)(B), substituted "three years" for "two years".

Subsec. (d)(1). Pub. L. 113–66, §562(b)(2), substituted "three years" for "two years".

1960Pub. L. 86–593 substituted "Air Force cross" for "distinguished-service cross" in section catchline and wherever appearing in subsecs. (a) to (d).

Subsec. (b). Pub. L. 86–582, §1(3)(A), substituted "Except as provided in subsection (d), no" for "No".

Subsec. (d). Pub. L. 86–582, §1(3)(B), added subsec. (d).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Persons Awarded Distinguished-Service Cross or Soldier's Medal Before July 6, 1960

Pub. L. 86–593, §2, July 6, 1960, 74 Stat. 332, as amended by Pub. L. 115–232, div. A, title VIII, §809(b)(12), Aug. 13, 2018, 132 Stat. 1841, provided that: "For the purposes of sections 9274(a) and 9280(b) of title 10, United States Code, a person who was awarded a distinguished-service cross or Soldier's Medal before the date of enactment of this Act [July 6, 1960] shall be treated as if he had not been awarded an Air Force cross or Airman's Medal, as the case may be."

§9275. Medal of honor; Air Force cross; distinguished-service medal: delegation of power to award

The President may delegate his authority to award the medal of honor, Air Force cross, and distinguished-service medal, to a commanding general of a separate air force or higher unit in the field.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541, §8745; Pub. L. 86–593, §1(3), July 6, 1960, 74 Stat. 332; renumbered §9275, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8745 10:1410. July 9, 1918, ch. 143 (16th par., less words after semicolon, under "Ordnance Department"), 40 Stat. 872.

The words "under such conditions, regulations, and limitations as he shall prescribe" are omitted as surplusage. The words "his authority" are substituted for the words "the power conferred upon him by sections 1403, 1406–1408, 1409–1412, 1416, 1420, 1422, 1423, and 1424 of this title".

Amendments

2018Pub. L. 115–232 renumbered section 8745 of this title as this section.

1960Pub. L. 86–593 substituted "Air Force cross" for "distinguished-service cross" in section catchline and in text.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9276. Silver star: award

The President may award a silver star of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Air Force, is cited for gallantry in action that does not warrant a medal of honor or Air Force cross—

(1) while engaged in an action against an enemy of the United States;

(2) while engaged in military operations involving conflict with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541, §8746; Pub. L. 88–77, §3(3), July 25, 1963, 77 Stat. 95; renumbered §9276, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8746 10:1412. July 9, 1918, ch. 143 (words after 2d semicolon of 12th par. under "Ordnance Department"); restated Jan. 24, 1920, ch. 55, §1 (last sentence); restated Dec. 15, 1942, ch. 736, 56 Stat. 1052.

The words "may award" are inserted to conform to other sections of this chapter. The words "if the person earned" are inserted for clarity. The words "commanded by" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8746 of this title as this section.

1963Pub. L. 88–77 substituted provisions permitting the issuance of a silver star for gallantry while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, and requiring it to be of appropriate design, for provisions which authorized the issuance of the silver star for gallantry in action and which required that the silver star be three-sixteenths of an inch in diameter, the citation thereof be published in orders issued from the headquarters of a force that is the appropriate command of a general officer, and that it be worn as directed by the President.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9277. Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: replacement

Any medal of honor, Air Force cross, distinguished-service cross, distinguished-service medal, or silver star, or any bar, ribbon, rosette, or other device issued for wear with or in place of any of them, that is stolen, lost, or destroyed, or becomes unfit for use, without fault or neglect of the person to whom it was awarded, shall be replaced without charge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541, §8747; Pub. L. 86–593, §1(4), July 6, 1960, 74 Stat. 332; Pub. L. 107–107, div. A, title V, §553(c)(2), Dec. 28, 2001, 115 Stat. 1116; renumbered §9277, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8747 10:1416. July 9, 1918, ch. 143 (14th par. under "Ordnance Department"), 40 Stat. 871.

The words "issued for wear with or in place of any of them" are inserted for clarity. The words "presented under the provisions of this title" and "such medal, cross, bar, ribbon, rosette, or device" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8747 of this title as this section.

2001Pub. L. 107–107 substituted "stolen, lost," for "lost".

1960Pub. L. 86–593 inserted "Air Force cross" in section catchline and in text.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9278. Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations

The Secretary of the Air Force may spend, from any appropriation for contingent expenses of the Department of the Air Force, amounts necessary to provide medals and devices under sections 9271, 9272, 9273, 9274, 9276, 9277, and 9282 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541, §8748; Pub. L. 86–593, §1(5), July 6, 1960, 74 Stat. 332; renumbered §9278 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8748 10:1424. July 9, 1918, ch. 143 (13th par. under "Ordnance Department"), 40 Stat. 871.

The word "amounts" is substituted for the words "so much as may be". The word "provides" is substituted for the words "defray the cost of". The words "medals and devices under" are substituted for the words "medals of honor, distinguished-service crosses, distinguished-service medals, bars, rosettes, and other devices provided for in". The words "from time to time" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 8748 of this title as this section and substituted "sections 9271, 9272, 9273, 9274, 9276, 9277, and 9282" for "sections 8741, 8742, 8743, 8744, 8746, 8747, and 8752".

1960Pub. L. 86–593 inserted "Air Force cross" in section catchline.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9279. Distinguished flying cross: award; limitations

(a) The President may award a distinguished flying cross of appropriate design with accompanying ribbon to any person who, while serving in any capacity with the Air Force, distinguishes himself by heroism or extraordinary achievement while participating in an aerial flight.

(b) Not more than one distinguished flying cross may be awarded to a person. However, for each succeeding act that would otherwise justify the award of such a cross, the President may award a suitable bar or other device to be worn as he directs.

(c) No distinguished flying cross, or device in place thereof, may be awarded or presented to a person whose service after he distinguished himself has not been honorable.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541, §8749; renumbered §9279, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8749(a)

 

8749(b)

8749(c)

10:1429 (less 2d and last sentences).

10:1429 (2d sentence).

10:1429 (last sentence, less 1st 49 words).

July 2, 1926, ch. 721, §12 (less 1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, §4, 50 Stat. 549.

In subsection (a), the words "under such rules and regulations as he may prescribe" are omitted, since the President has inherent authority to issue regulations appropriate to exercising his functions. The words "but not in the name of Congress" are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The word "award" is substituted for the word "present" to cover the determination of the recipients as well as the actual presentation of the medal. The words "since the 6th day of April, 1917, has distinguished, or who, after July 2, 1926" and 10:1429 (proviso of 1st sentence) are omitted as executed.

Amendments

2018Pub. L. 115–232 renumbered section 8749 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9280. Airman's Medal: award; limitations

(a)(1) The President may award a decoration called the "Airman's Medal", of appropriate design with accompanying ribbon, to any person who, while serving in any capacity with the Air Force, distinguishes himself by heroism not involving actual conflict with an enemy.

(2) The authority in paragraph (1) includes authority to award the medal to a member of the Ready Reserve who was not in a duty status defined in section 101(d) of this title when the member distinguished himself by heroism.

(b) Not more than one Airman's Medal may be awarded to a person. However, for each succeeding act that would otherwise justify the award of such a medal, the President may award a suitable bar or other device to be worn as he directs.

(Aug. 10, 1956, ch. 1041, 70A Stat. 542, §8750; Pub. L. 86–593, §1(6), July 6, 1960, 74 Stat. 332; Pub. L. 105–85, div. A, title V, §574(c), Nov. 18, 1997, 111 Stat. 1758; renumbered §9280, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8750(a) 10:1428 (less last sentence). July 2, 1926, ch. 721, §11, 44 Stat. 789.
8750(b) 10:1428 (last sentence).

The words "Under such rules and regulations as he may prescribe" are omitted, since the President has inherent authority to issue regulations appropriate to exercising his functions. The words "but not in the name of Congress" are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The word "award" is substituted for the word "present" to cover the determination of the recipients as well as the actual presentation of the medal. The words "a decoration called" are substituted for the words "a medal to be known as". The words "including the National Guard and the Organized Reserves" are omitted as surplusage. The words "or herself" are omitted, since, under section 1 of title 1, words importing the masculine gender include the feminine. The words "after July 2, 1926" are omitted as executed.

In subsection (b), the words "that would otherwise justify" are substituted for the words "sufficient to".

Amendments

2018Pub. L. 115–232 renumbered section 8750 of this title as this section.

1997—Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).

1960Pub. L. 86–593 substituted "Airman's Medal" for "Soldier's Medal" in section catchline and wherever appearing in text.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9281. Service medals: issue; replacement; availability of appropriations

(a) The Secretary of the Air Force shall procure, and issue without charge to any person entitled thereto, any service medal authorized for members of the Air Force after September 26, 1947, and any ribbon, clasp, star, or similar device prescribed as a part of that medal.

(b) Under such regulations as the Secretary may prescribe, any medal or other device issued under subsection (a) that is lost, destroyed, or becomes unfit for use without fault or neglect of the owner, may be replaced at cost. However, if the owner is a member of the Air Force, the medal or device may be replaced without charge.

(c) The Secretary may spend, from any appropriation for the support of the Air Force, amounts necessary to provide medals and devices under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 542, §8751; renumbered §9281, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8751(a)

 

 

 

8751(b)

 

 

8751(c)

10:1415a (less 21st through 30th words, and less clauses (a) through (n)).

10:1415b (less applicability to 10:1415a (clauses (a) through (n))).

10:1415c (less applicability to 10:1415a (clauses (a) through (n))).

May 12, 1928, ch. 528, §§1 (less 25th through 34th words, and less clauses (a) through (n)), 2 (less applicability to §1 (clauses (a) through (n))), 3 (less applicability to §1 (clauses (a) through (n))), 45 Stat. 500.

In subsection (a), the words "authorized for members of the Air Force after September 26, 1947" are substituted for the words "hereafter authorized", since, under Transfer Order 1, that date was the effective date of the transfer of personnel from the Army to the Air Force under section 208(e) of the National Security Act of 1947, as amended (5 U.S.C. 626c(e)). 10:1415a (proviso) is omitted as surplusage, since the revised section is not limited to persons who are members of the Air Force at the time of the issue.

In subsection (b), the words "member of the Air Force" are substituted for the words "persons in the military service of the United States".

In subsection (c), the last 16 words are substituted for 10:1415c (last 16 words).

Amendments

2018Pub. L. 115–232 renumbered section 8751 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9282. Medals: posthumous award and presentation

(a) If a person dies before the award of a medal of honor, distinguished-service cross, distinguished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal or device presented to his representative, as designated by the President.

(b) If a person dies before an authorized service medal or device prescribed as a part thereof is presented to him under section 9281 of this title, it shall be presented to his family.

(Aug. 10, 1956, ch. 1041, 70A Stat. 542, §8752; Pub. L. 85–861, §33(a)(23), Sept. 2, 1958, 72 Stat. 1565; renumbered §9282 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8752(a)

 

 

 

8752(b)

10:1409 (words between 1st and 2d semicolons).

10:1429 (1st 49 words of last sentence).

10:1415a (21st through 30th words, less applicability to clauses (a) through (n)).

July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871.

July 2, 1926, ch. 721, §12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, §4, 50 Stat. 549.

  May 12, 1928, ch. 528, §1 (25th through 34th words, less applicability to clauses (a) through (n)), 45 Stat. 500.

In subsection (a), the words "If a person" are substituted for the words "In case an individual * * * dies", in 10:1409, and "In case an individual * * * shall have died", in 10:1429. The words "within three years from the date", in 10:1409, are omitted as covered by section 8744 of this title. The words "who shall distinguish himself", in 10:1409, and "who distinguishes himself", in 10:1429, are omitted as covered by the words "the award * * * to which he is entitled".

1958 Act

The change reflects the fact that the source statute for these sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was mandatory and not merely permissive.

Amendments

2018Pub. L. 115–232, §806(b)(11), renumbered section 8752 of this title as this section.

Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 9281" for "section 8751".

1958—Subsec. (b). Pub. L. 85–861 substituted "it shall be presented" for "it may be presented".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

§9284. Medal of honor: duplicate medal

A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary of the Air Force may determine, as a duplicate or for display purposes only.

(Added Pub. L. 107–107, div. A, title V, §553(c)(1)(A), Dec. 28, 2001, 115 Stat. 1116, §8754; renumbered §9284, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 8754 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9285. Medal of honor: presentation of Medal of Honor Flag

The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36 to each person to whom a medal of honor is awarded under section 9271 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 9271 or 9282(a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.

(Added Pub. L. 107–248, title VIII, §8143(c)(3)(A), Oct. 23, 2002, 116 Stat. 1570, §8755; amended Pub. L. 107–314, div. A, title X, §1062(a)(16), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, §555(a), Oct. 17, 2006, 120 Stat. 2217; renumbered §9285 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Amendments

2018Pub. L. 115–232 renumbered section 8755 of this title as this section and substituted "section 9271" for "section 8741" and "section 9271 or 9282(a)" for "section 8741 or 8752(a)".

2006Pub. L. 109–364 struck out "after October 23, 2002" after "section 8741 of this title" and inserted at end "In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented."

2002Pub. L. 107–314 substituted "October 23, 2002" for "the date of the enactment of this section".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Presentation of Flag for Prior Recipients of Medal of Honor

President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal of Honor as expeditiously as possible after Oct. 17, 2006, and for posthumous presentation to survivors of deceased recipients upon written application therefor, see section 555(b) of Pub. L. 109–364, set out as a note under section 7285 of this title.

§9286. Korea Defense Service Medal

(a) The Secretary of the Air Force shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Air Force served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c).

(b) In this section, the term "KDSM eligibility period" means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal.

(c) The Secretary of the Air Force shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.

(Added Pub. L. 107–314, div. A, title V, §543(d)(1), Dec. 2, 2002, 116 Stat. 2550, §8755; renumbered §8756, Pub. L. 108–375, div. A, title X, §1084(d)(33), Oct. 28, 2004, 118 Stat. 2063; renumbered §9286, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)

References in Text

The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 107–314, which was approved Dec. 2, 2002.

Prior Provisions

Prior sections 9301 to 9306 were renumbered sections 9401 to 9406 of this title, respectively.

Amendments

2018Pub. L. 115–232 renumbered section 8756 of this title as this section.

2004Pub. L. 108–375 renumbered section 8755 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 939—SEPARATION FOR VARIOUS REASONS

Sec.
9307.
Aviation cadets: discharge.

        

Prior Provisions

A prior chapter 939, consisting of sections 9621 to 9629, related to sale of serviceable material, prior to renumbering as chapter 969 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(B)(i), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 861 of this title as this chapter and item 8817 as 9307.

1994Pub. L. 103–337, div. A, title XVI, §1674(b)(7), Oct. 5, 1994, 108 Stat. 3016, struck out items 8819 "Reserve officers: discharge for failure of promotion to first lieutenant" and 8820 "Air National Guard of United States officers: discharge".

1980Pub. L. 96–513, title V, §504(16), Dec. 12, 1980, 94 Stat. 2917, struck out items 8814 "Regular commissioned officers: discharge during three-year probationary period" and 8818 "Regular female members: termination of appointment or enlistment".

1968Pub. L. 90–235, §3(a)(5), (b)(7), Jan. 2, 1968, 81 Stat. 758, struck out items 8811 "Air Force enlisted members: discharge certificate; limitations on discharge", 8812 "Air Force enlisted members: during war or emergency; discharge", 8813 "Air Force enlisted members: dependency discharge", 8815 "Regular enlisted members: resignation of members enlisted on career basis; limitations", and 8816 "Regular enlisted members: minority discharge".

1958Pub. L. 85–861, §1(191)(B), Sept. 2, 1958, 72 Stat. 1534, added item 8819.

§9307. Aviation cadets: discharge

The Secretary of the Air Force may discharge an aviation cadet at any time.

(Aug. 10, 1956, ch. 1041, 70A Stat. 545, §8817; renumbered §9307, Pub. L. 115–232, div. A, title VIII, §806(b)(12), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8817 10:299 (last sentence). June 3, 1941, ch. 165, §3 (last sentence), 55 Stat. 239.

10:299 (last sentence, less 1st 14 words) is omitted as superseded by section 681 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 8817 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 941—RETIREMENT FOR LENGTH OF SERVICE

Sec.
9311.
Twenty years or more: regular or reserve commissioned officers.
9314.
Twenty to thirty years: enlisted members.
9317.
Thirty years or more: regular enlisted members.
9318.
Thirty years or more: regular commissioned officers.
9320.
More than thirty years: permanent professors and the Director of Admissions of the United States Air Force Academy.
9321.
Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority.
9324.
Forty years or more: Air Force officers.
9325.
Computation of years of service: voluntary retirement; enlisted members.
9326.
Computation of years of service: voluntary retirement; regular and reserve commissioned officers.
9329.
Computation of retired pay: law applicable.

        

Prior Provisions

A prior chapter 941, consisting of sections 9651 to 9656, related to issue of serviceable material other than to Armed Forces, prior to renumbering as chapter 971 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 867 of this title as this chapter and items 8911, 8914, 8917, 8918, 8920, 8921, 8924 to 8926, and 8929 as 9311, 9314, 9317, 9318, 9320, 9321, 9324 to 9326, and 9329, respectively.

2004Pub. L. 108–375, div. A, title V, §541(c)(3)(B), Oct. 28, 2004, 118 Stat. 1904, inserted "; waiver authority" after "Academy" in item 8921.

1999Pub. L. 106–65, div. A, title V, §532(a)(4)(E), Oct. 5, 1999, 113 Stat. 604, added item 8921.

1996Pub. L. 104–106, div. A, title V, §509(b)(2), Feb. 10, 1996, 110 Stat. 298, substituted "permanent professors and the Director of Admissions" for "professors" in item 8920.

1980Pub. L. 96–513, title V, §504(17), Dec. 12, 1980, 94 Stat. 2917, struck out items 8913 "Twenty years or more: deferred officers not recommended for promotion", 8915 "Twenty-eight years: deferred retirement of nurses and medical specialists in regular grade of major", 8916 "Twenty-eight years: promotion-list lieutenant colonels", 8919 "Thirty years or more: regular commissioned officers; excessive number", 8921 "Thirty years or five years in grade: promotion-list colonels", 8922 "Thirty years or five years in grade: regular brigadier generals", 8923 "Thirty-five years or five years in grade: regular major generals", and 8927 "Computation of years of service: mandatory retirement; regular commissioned officers".

Pub. L. 96–343, §9(b)(3), Sept. 8, 1980, 94 Stat. 1129, struck out "regular" before "enlisted members" in items 8914 and 8925.

1967Pub. L. 90–130, §1(32)(C), Nov. 8, 1967, 81 Stat. 383, substituted "Twenty-eight years: deferred retirement of nurses and medical specialists in regular grade of major" for "Twenty-five years: female majors except those designated under section 8067(a)–(d) or (g)–(i) of this title; male majors designated under section 8067(e) or (f) of this title" in item 8915.

1966Pub. L. 89–609, §1(32), Sept. 30, 1966, 80 Stat. 854, inserted "; male majors designated under section 8067(e) or (f) of this title" in item 8915.

1957Pub. L. 85–155, title III, §301(21), Aug. 21, 1957, 71 Stat. 389, struck out items 8912 and 8928, and substituted "section 8067(a)–(d) or (g)–(i)" for "section 8067" in item 8915.

§9311. Twenty years or more: regular or reserve commissioned officers

(a) The Secretary of the Air Force may, upon the officer's request, retire a regular or reserve commissioned officer of the Air Force who has at least 20 years of service computed under section 9326 of this title, at least 10 years of which have been active service as a commissioned officer.

(b)(1) The Secretary of Defense may authorize the Secretary of the Air Force, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Air Force) of not less than eight years.

(2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.

(Aug. 10, 1956, ch. 1041, 70A Stat. 549, §8911; Pub. L. 101–510, div. A, title V, §523(c), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103–160, div. A, title V, §561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, §561(e), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, §1 [[div. A], title V, §571(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 109–163, div. A, title V, §502(c), Jan. 6, 2006, 119 Stat. 3225; Pub. L. 109–364, div. A, title X, §1071(a)(37), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–383, div. A, title V, §506(c), Jan. 7, 2011, 124 Stat. 4210; Pub. L. 112–239, div. A, title V, §505(c), title X, §1076(e)(6), Jan. 2, 2013, 126 Stat. 1715, 1951; renumbered §9311 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8911 10:943a.

10:971b (1st 100 words).

July 31, 1935, ch. 422, §5 (1st 101 words); restated June 13, 1940, ch. 344, §3 (1st 45 words), 54 Stat. 380; June 29, 1948, ch. 708, §202 (1st 105 words), 62 Stat. 1084; July 16, 1953, ch. 203, 67 Stat. 175.

The words "a regular or reserve commissioned officer of the Air Force" are substituted for the words "any officer on the active list of the * * * Regular Air Force * * * or any officer of the reserve components of the * * * Air Force of the United States". The words "Philippine Scouts" are omitted as obsolete. The words "has at least 20" are substituted for the words "shall have completed not less than twenty". The words "upon his request" are substituted for the words "upon his own application". The words "service computed under section 8926 of this title" are substituted for the words "active Federal service in the armed forces of the United States", since that revised section makes explicit the service covered.

Amendments

2018Pub. L. 115–232, §806(b)(13), renumbered section 8911 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 9326" for "section 8926".

2013—Subsec. (b)(2). Pub. L. 112–239, §1076(e)(6), substituted "January 7, 2011," for "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011".

Pub. L. 112–239 substituted "September 30, 2018" for "September 30, 2013".

2011—Subsec. (b)(2). Pub. L. 111–383 substituted "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013" for "January 6, 2006, and ending on December 31, 2008".

2006—Subsec. (b). Pub. L. 109–364 struck out second comma after "paragraph (2)" in par. (1) and substituted "January 6, 2006," for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006" in par. (2).

Pub. L. 109–163 designated existing provisions as par. (1), substituted "during the period specified in paragraph (2)," for "during the period beginning on October 1, 1990, and ending on December 31, 2001", and added par. (2).

2000—Subsec. (b). Pub. L. 106–398 substituted "December 31, 2001" for "September 30, 2001".

1998—Subsec. (b). Pub. L. 105–261 substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990".

1993—Subsec. (b). Pub. L. 103–160 substituted "nine-year period" for "five-year period".

1990Pub. L. 101–510 designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Temporary Early Retirement Authority

For provisions authorizing the Secretary of the Air Force, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to a regular or reserve commissioned officer with at least 15 but less than 20 years of service by substituting "at least 15 years" for "at least 20 years" in subsec. (a) of this section, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title.

§9314. Twenty to thirty years: enlisted members

Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force who has at least 20, but less than 30, years of service computed under section 9325 of this title may, upon his request, be retired.

(Aug. 10, 1956, ch. 1041, 70A Stat. 550, §8914; Pub. L. 96–343, §9(b)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103–337, div. A, title V, §515(b), Oct. 5, 1994, 108 Stat. 2753; renumbered §9314 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8914 10:948 (1st sentence).

10:948a.

Oct. 6, 1945, ch. 393, §4 (1st sentence); restated Aug. 10, 1946, ch. 952, §6(a) (1st sentence), 60 Stat. 996.
  Aug. 10, 1946, ch. 952, §7, 60 Stat. 996.

The words "now or hereafter", in 10:948a, are omitted as surplusage. The words "computed under section 8925 of this title" are substituted for the words "active Federal service", in 10:948, and "active Federal military service", in 10:948a, since that revised section makes explicit the service covered. The words "be retired from" are substituted for the words "will be placed on the retired list of", in 10:948. The words "completed a minimum", in 10:948; and "the period of", "be subject to", "period of", and "now or after August 10, 1946", in 10:948a; are omitted as surplusage.

Prior Provisions

Prior sections 9314, 9314a, 9314b, and 9315 were renumbered sections 9414, 9414a, 9414b, and 9415 of this title, respectively.

A prior section 9316, added Pub. L. 101–510, div. A, title XIV, §1439(c), Nov. 5, 1990, 104 Stat. 1689, related to training and support for A–10 aircraft, prior to repeal by Pub. L. 110–417, [div. A], title III, §353(a), Oct. 14, 2008, 122 Stat. 4425.

Amendments

2018Pub. L. 115–232 renumbered section 8914 of this title as this section and substituted "section 9325" for "section 8925".

1994Pub. L. 103–337 struck out at end "A regular enlisted member then becomes a member of the Air Force Reserve. A member retired under this section shall perform such active duty as may be prescribed by law until his service computed under section 8925 of this title, plus his inactive service as a member of the Air Force Reserve, equals 30 years."

1980Pub. L. 96–343 struck out "regular" before "enlisted members" in section catchline and substituted in text "an enlisted member" for "a regular enlisted member", "A regular enlisted member" for "He", and "Air Force Reserve. A member retired under this section" for "Air Force, and".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–343 effective with respect to retired pay payable for months beginning after Sept. 8, 1980, see section 9(c) of Pub. L. 96–343, set out as a note under section 7314 of this title.

Temporary Early Retirement Authority

For provisions authorizing the Secretary of the Air Force, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to an enlisted member with at least 15 but less than 20 years of service by substituting "at least 15" for "at least 20", see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title.

§9317. Thirty years or more: regular enlisted members

A regular enlisted member of the Air Force who has at least 30 years of service computed under section 9325 of this title shall be retired upon his request.

(Aug. 10, 1956, ch. 1041, 70A Stat. 550, §8917; renumbered §9317 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8917 10:947 (less proviso).

10:947a (less last 11 words).

Mar. 2, 1907, ch. 2515, §1 (1st 35 words), 34 Stat. 1217.
  Feb. 14, 1885, ch. 67 (less 43d through 53d words); restated Sept. 30, 1890, ch. 1125 (less 43d through 53d words), 26 Stat. 504.

The word "regular" is inserted to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/2301, 23 Mar. 1953). The words "upon his request" are substituted for the words "upon making application to the President", in 10:947, and "by application to the President", in 10:947a. The words "either as a private or non-commissioned officer, or both", in 10:947a, are omitted as surplusage. The words "shall be retired" are substituted for the words "be placed upon the retired list", in 10:947, and "be placed on the retired list heretofore created", in 10:947a. The words "computed under section 8925 of this title" are inserted for clarity. The 21 words before the proviso and the proviso of the Act of February 14, 1885, as restated, are not contained in 10:947a. They are also omitted from the revised section, since the proviso is executed and the 21 words before the proviso are omitted as covered by formula E of section 8991 of this title.

Prior Provisions

A prior section 9317 was renumbered section 9417 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 8917 of this title as this section and substituted "section 9325" for "section 8925".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9318. Thirty years or more: regular commissioned officers

A regular commissioned officer of the Air Force who has at least 30 years of service computed under section 9326 of this title may be retired upon his request, in the discretion of the President.

(Aug. 10, 1956, ch. 1041, 70A Stat. 550, §8918; renumbered §9318 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8918 10:943. R.S. 1243; Dec. 16, 1930, ch. 14, §1 (as applicable to R.S. 1243), 46 Stat. 1028.

The word "commissioned" is inserted, since the retirement of warrant officers for length of service is covered by section 1293 of this title. The word "regular" is inserted, since 10:943 is applicable historically only to officers of a regular component. The words "and placed on the retired list" are omitted as surplusage. The words "computed under section 8926 of this title" are inserted for clarity.

Prior Provisions

A prior section 9319 was renumbered section 9419 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 8918 of this title as this section and substituted "section 9326" for "section 8926".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Delegation of Functions

Functions of President under this section to approve request of a regular commissioned officer of Air Force to retire after at least 30 years of service delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§1(f), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.

§9320. More than thirty years: permanent professors and the Director of Admissions of the United States Air Force Academy

(a) The Secretary of the Air Force may retire an officer specified in subsection (b) who has more than 30 years of service as a commissioned officer.

(b) Subsection (a) applies in the case of the following officers:

(1) Any permanent professor of the United States Air Force Academy.

(2) The Director of Admissions of the United States Air Force Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 551, §8920; Pub. L. 104–106, div. A, title V, §509(b)(1), Feb. 10, 1996, 110 Stat. 298; renumbered §9320, Pub. L. 115–232, div. A, title VIII, §806(b)(13), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8920 10:1079a(c) (proviso). Aug. 7, 1947, ch. 512, §520(c) (proviso), 61 Stat. 912.

The word "retire" is substituted for the words "direct the retirement of". The words "as a commissioned officer" are substituted for the word "commissioned".

Prior Provisions

A prior section 9320 was renumbered section 9420 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 8920 of this title as this section.

1996Pub. L. 104–106 substituted "permanent professors and the Director of Admissions" for "professors" in section catchline and amended text generally. Prior to amendment, text read as follows: "The Secretary of the Air Force may retire any permanent professor of the United States Air Force Academy who has more than 30 years of service as a commissioned officer."

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9321. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority

(a) Mandatory Retirement.—Upon the termination of the detail of an officer to the position of Superintendent of the United States Air Force Academy, the Secretary of the Air Force shall retire the officer under any provision of this chapter under which the officer is eligible to retire.

(b) Waiver Authority.—The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.

(Added Pub. L. 106–65, div. A, title V, §532(a)(3)(A), Oct. 5, 1999, 113 Stat. 603, §8921; amended Pub. L. 108–375, div. A, title V, §541(a)(3), (c)(3)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered §9321, Pub. L. 115–232, div. A, title VIII, §806(b)(13), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 8921 of this title as this section.

2004Pub. L. 108–375 inserted "; waiver authority" after "Academy" in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Application of Section to Superintendents Serving on October 5, 1999

Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 3921 of this title.

§9324. Forty years or more: Air Force officers

(a) Except as provided in section 1186 of this title, a commissioned officer of the Air Force who has at least 40 years of service computed under section 9326 of this title shall be retired upon his request.

(b) Any warrant officer of the Air Force who has at least 40 years of service computed under section 9326(a) of this title shall be retired upon his request.

(Aug. 10, 1956, ch. 1041, 70A Stat. 552, §8924; Pub. L. 96–513, title V, §504(18), Dec. 12, 1980, 94 Stat. 2917; renumbered §9324 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8924(a)

 

 

8924(b)

10:942 (as applicable to commissioned officers).

10:942 (less applicability to commissioned officers).

June 30, 1882, ch. 254 (last 21 words of 3d proviso under "Pay Department"), 22 Stat. 118.

In subsection (a), the words "Except as provided in section 8786 of this title" are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section.

In subsections (a) and (b), the words "or volunteer service, or both" are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, Aug. 30, 1898, holding that such words refer to volunteer service in the Civil War. The words "upon his request" are substituted for the words "if he make application therefor to the President".

In subsection (b), the applicability of 10:942 to warrant officers is based on an opinion of the Judge Advocate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 applicable to warrant officers.

Amendments

2018Pub. L. 115–232, §809(a), substituted "section 9326" for "section 8926" in subsec. (a) and "section 9326(a)" for "section 8926(a)" in subsec. (b).

Pub. L. 115–232, §806(b)(13), renumbered section 8924 of this title as this section.

1980—Subsec. (a). Pub. L. 96–513 substituted "section 1186" for "section 8786".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

§9325. Computation of years of service: voluntary retirement; enlisted members

(a) For the purpose of determining whether an enlisted member of the Air Force may be retired under section 9314 or 9317 of this title, his years of service are computed by adding all active service in the armed forces.

(b) Time required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 552, §8925; Pub. L. 85–861, §1(195), Sept. 2, 1958, 72 Stat. 1540; Pub. L. 96–343, §9(b)(2), Sept. 8, 1980, 94 Stat. 1129; Pub. L. 99–348, title II, §204(c), July 1, 1986, 100 Stat. 698; Pub. L. 101–189, div. A, title VI, §652(a)(6), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 103–337, div. A, title VI, §635(c)(1), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–106, div. A, title V, §561(d)(4)(A), Feb. 10, 1996, 110 Stat. 323; renumbered §9325 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8925(a)

 

8925(b)

10:947 (proviso).

10:958.

[No source].

Mar. 2, 1907, ch. 2515, §1 (proviso), 34 Stat. 1218.

Aug. 10, 1946, ch. 952, §6(b), 60 Stat. 996.

In subsection (a), the words "active service" are substituted for the word "service", in 10:947, and "active Federal service performed", in 10:958, for uniformity. The words "service computed under section 8683 of this title" are inserted, since a person entitled to count service under that revised section might cease to be a nurse or woman medical specialist and thereafter become entitled to retire under one of the revised sections referred to in subsection (a) of this revised section.

Subsection (b) is inserted because of section 8638 of this title and in accordance with long standing interpretation of the effect of 10:629 upon the computation of years of service for retirement.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8925 [No source]. [No source].

The amendment reflects the repeal of section 8638 of this title and the enactment of a similar provision in section 972 of this title.

Amendments

2018Pub. L. 115–232, §806(b)(13), renumbered section 8925 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 9314 or 9317" for "section 8914 or 8917".

1996—Subsec. (b). Pub. L. 104–106 substituted "section 972(a)" for "section 972".

1994—Subsec. (a). Pub. L. 103–337, §635(c)(1)(A), struck out "and of computing his retired pay under section 8991 of this title," after "8917 of this title,".

Subsec. (c). Pub. L. 103–337, §635(c)(1)(B), struck out subsec. (c) which read as follows: "In determining a member's years of service under subsection (a) for the purpose of computing the member's retired pay under section 8991 of this title

"(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1/12 of a year; and

"(2) any remaining fractional part of a year shall be disregarded."

1989—Subsec. (a). Pub. L. 101–189 struck out "and service computed under section 8683 of this title" before period at end.

1986—Subsec. (c). Pub. L. 99–348 added subsec. (c).

1980Pub. L. 96–343, §9(b)(2)(B), struck out "regular" before "enlisted members" in section catchline.

Subsec. (a). Pub. L. 96–343, §9(b)(2)(A), substituted "an enlisted" for "a regular enlisted".

1958—Subsec. (b). Pub. L. 85–861 substituted "section 972 of this title" for "section 8638 of this title".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as a note under section 972 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 applicable to computation of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–343 effective with respect to retired pay payable for months beginning after Sept. 8, 1980, see section 9(c) of Pub. L. 96–343, set out as a note under section 7314 of this title.

§9326. Computation of years of service: voluntary retirement; regular and reserve commissioned officers

(a) For the purpose of determining whether an officer of the Air Force may be retired under section 9311, 9318, or 9324 of this title, his years of service are computed by adding—

(1) all active service performed as a member of the Army or the Air Force; and

(2) all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement.


(b) For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, his years of service are computed by adding to his service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.

(c) For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, his years of service are computed by adding to his service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.

(d) Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 552, §8926; Pub. L. 86–197, §1(8), Aug. 25, 1959, 73 Stat. 426; Pub. L. 101–189, div. A, title VI, §652(a)(7), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–106, div. A, title V, §561(d)(4)(B), Feb. 10, 1996, 110 Stat. 323; renumbered §9326 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8926(a)

 

 

 

 

 

 

 

 

8926(b)

8926(c)

10:951 (less applicability to 10:166g(a)).

10:951a.

10:951b (less applicability to 10:166g(a)).

[Uncodified June 18, 1878, ch. 263, §7 (less applicability to 10:166g(a)), 20 Stat. 150.]

10:953a (1st sentence).

10:953a (less 1st sentence).

June 3, 1916, ch. 134, §127a (6th par., less 1st 13 words, and less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended); added June 4, 1920, ch. 227, subch. I, §51 (6th par., less 1st 13 words, and less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 41 Stat. 785.
  May 23, 1928, ch. 716, 45 Stat. 720.
  June 15, 1935, ch. 257 (less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 49 Stat. 377.
  June 18, 1878, ch. 263, §7 (less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 20 Stat. 150.
  May 29, 1928, ch. 902, 45 Stat. 996; Jan. 29, 1938, ch. 12, §2, 52 Stat. 8.

Subsection (a) consolidates the various service computation provisions applicable to voluntary retirement of commissioned officers. Clause (1) is substituted for 10:951. Clause (2) is substituted for 10:951b. The words "pay period and", in 10:951a, are omitted as superseded by section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words "longevity pay and", in section 7 of the Act of June 18, 1878, ch. 263, 20 Stat. 150, are omitted for the same reason. The last sentence of section 7 of that act is omitted, since the distinction between limited and unlimited retired lists was abolished by section 201 of the Act of June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is inserted, since a person entitled to count service under section 8683 of this title might cease to be a nurse or woman medical specialist and thereafter become entitled to retire under one of the revised sections referred to in subsection (a) of this revised section.

In subsection (b), the words "as a member of the Medical Reserve Corps", in 10:953a, are omitted as covered by subsection (a)(1). The words "are computed by adding to his service under subsection (a)" are substituted for the words "shall be credited to the same extent as service under a Regular Army commission".

Subsection (c) is substituted for 10:953a (less 1st sentence).

Amendments

2018Pub. L. 115–232, §806(b)(13), renumbered section 8926 of this title as this section.

Subsecs. (a) to (c). Pub. L. 115–232, §809(a), substituted "section 9311, 9318, or 9324" for "section 8911, 8918, or 8924".

1996—Subsec. (d). Pub. L. 104–106 added subsec. (d).

1989—Subsec. (a)(1). Pub. L. 101–189, §652(a)(7)(A)(i), inserted "and" after semicolon at end.

Subsec. (a)(2). Pub. L. 101–189, §652(a)(7)(A)(ii), substituted period for semicolon at end.

Subsec. (a)(3), (4). Pub. L. 101–189, §652(a)(7)(A)(iii), struck out pars. (3) and (4) which read as follows:

"(3) all service computed under section 8683 of this title; and

"(4) if an officer of the Regular Air Force, all active service performed as an officer of the Philippine Constabulary."

Subsec. (d). Pub. L. 101–189, §652(a)(7)(B), struck out subsec. (d) which read as follows: "For the purpose of determining whether an Air Force nurse or medical specialist may be retired under section 8911 of this title, all service computed under section 8683 of this title, shall be treated as if it was service as a commissioned officer."

1959—Subsec. (d). Pub. L. 86–197 added subsec. (d).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as a note under section 972 of this title.

§9329. Computation of retired pay: law applicable

A member of the Air Force retired under this chapter is entitled to retired pay computed under chapter 945 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 554, §8929; renumbered §9329 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8929 [No source]. [No source].

The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.

Prior Provisions

Prior sections 9331 to 9336 were renumbered sections 9431 to 9436 of this title, respectively.

A prior section 9337, act Aug. 10, 1956, ch. 1041, 70A Stat. 562; Pub. L. 87–651, title I, §117, Sept. 7, 1962, 76 Stat. 513, related to United States Air Force Academy chaplain, prior to repeal by Pub. L. 114–328, div. A, title V, §591(a), Dec. 23, 2016, 130 Stat. 2152.

A prior section 9338 was renumbered section 9438 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 8929 of this title as this section and substituted "chapter 945" for "chapter 871".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 943—RETIRED GRADE

Sec.
9341.
General rule.
9342.
Higher grade for service in special positions.
9343.
Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct.
9344.
Higher grade after 30 years of service: warrant officers and enlisted members.
9345.
Restoration to former grade: retired warrant officers and enlisted members.
9346.
Retired lists.

        

Prior Provisions

A prior chapter 943, consisting of sections 9681 to 9686, related to disposal of obsolete or surplus material, prior to renumbering as chapter 973 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 869 of this title as this chapter and items 8961 to 8966 as 9341 to 9346, respectively.

1996Pub. L. 104–201, div. A, title V, §532(c)(2), Sept. 23, 1996, 110 Stat. 2520, added item 8963.

1988Pub. L. 100–456, div. A, title XII, §1233(i)(2)(B), Sept. 29, 1988, 102 Stat. 2058, substituted "retired" for "Regular Air Force" in item 8965.

1987Pub. L. 100–180, div. A, title V, §512(e)(3), Dec. 4, 1987, 101 Stat. 1091, substituted "warrant officers and enlisted members" for "Air Force warrant officers; regular enlisted members" in item 8964.

1985Pub. L. 99–145, title XIII, §1301(d)(2)(B), Nov. 8, 1985, 99 Stat. 736, struck out item 8963 "Higher grade for service during certain periods: regular and reserve commissioned officers".

1980Pub. L. 96–343, §13(b)(3), Sept. 8, 1980, 94 Stat. 1131, substituted "positions" for "positions: regular commissioned officers" in item 8962.

§9341. General rule

(a) The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title.

(b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.

(Aug. 10, 1956, ch. 1041, 70A Stat. 554, §8961; Pub. L. 96–513, title V, §504(19), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 103–337, div. A, title XVI, §1674(c)(2), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 106–398, §1 [[div. A], title V, §506(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-102; renumbered §9341, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8961 10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade).

10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade).

10:947a (last 11 words).

Aug. 7, 1947, ch. 512, §§514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 902, 905.
  10:1025. Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504.
  R.S. 1254.

The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.

Prior Provisions

Prior sections 9341 and 9341a were renumbered sections 9441 and 9441a of this title, respectively.

Amendments

2018Pub. L. 115–232 renumbered section 8961 of this title as this section.

2000—Subsec. (a). Pub. L. 106–398 struck out "or for nonregular service under chapter 1223 of this title" before ", is determined".

1994—Subsec. (a). Pub. L. 103–337 substituted "chapter 1223" for "chapter 67".

1980Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted "not covered by subsection (a)" after "a Regular or Reserve of the Air Force".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–398 applicable to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of Title 32, National Guard, after Oct. 1, 1996, see section 1 [[div. A], title V, §506(c)] of Pub. L. 106–398, set out as a note under section 7341 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

§9342. Higher grade for service in special positions

Upon retirement, any permanent professor of the United States Air Force Academy whose grade is below brigadier general, and whose service as such a professor has been long and distinguished, may, in the discretion of the President, be retired in the grade of brigadier general.

(Aug. 10, 1956, ch. 1041, 70A Stat. 554, §8962; Pub. L. 85–861, §1(197), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 89–288, §6, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96–343, §13(b)(1), (2), Sept. 8, 1980, 94 Stat. 1131; Pub. L. 96–513, title V, §504(20), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 104–106, div. A, title V, §502(c), (d)(1), Feb. 10, 1996, 110 Stat. 293; renumbered §9342, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8962(a)

 

8962(b)

 

8962(c)

10:506b(d) (less 1st and last provisos).

5:627b(h) (1st 42 words of 3d proviso).

10:1079a(b) (less proviso).

Aug. 7, 1947, ch. 512, §§504(d) (less 1st and last provisos), 520(b) (less proviso), 61 Stat. 888, 912.

June 12, 1948, ch. 449, §303(h) (1st 42 words of 3d proviso), 62 Stat. 372.

In subsection (a), the words "who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title" are substituted for the words "while serving in accordance with the provisions of subsection (b) or (c) of this section".

In subsection (b), the words "in that grade" are substituted for the words "in such higher temporary grade". The words "under section 8071 of this title" are inserted for clarity.

In subsection (c), the words "Upon retirement" are substituted for the words "When * * * is retired". The word "allowances" is omitted, since retired officers are not entitled to allowances. The words "grade is below brigadier general" are inserted, since any permanent professor who has the grade of brigadier general retires in that grade under section 9335 of this title.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8962 [No source]. [No source].

The amendment reflects section 1 of the Act of May 31, 1956, ch. 348 (70 Stat. 222), which in effect amended section 8963 of this title to cover regular and reserve officers covered by section 8962(b). As to temporary officers, section 8962(b) is obsolete. (See opinion of the Judge Advocate General of the Air Force, May 2, 1957.)

Prior Provisions

A prior section 9342 was renumbered section 9442 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 8962 of this title as this section.

1996Pub. L. 104–106 designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: "Upon retirement, a commissioned officer of the Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty."

1980Pub. L. 96–343, §13(b)(2), substituted "positions" for "positions: regular commissioned officers" in section catchline.

Subsec. (a). Pub. L. 96–513 substituted "or (4)" for "(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)".

Pub. L. 96–343, §13(b)(1), substituted "Air Force who has" for "Regular Air Force who has" and "in which he served on active duty" for "held by him at any time on the active list".

1965—Subsec. (a). Pub. L. 89–288 added the Surgeon General of the Air Force to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.

1958—Subsecs. (b), (c). Pub. L. 85–861 redesignated subsec. (c) as (b), and struck out former subsec. (b) which related to retirement grade of a woman Air Force officer who served at least two and one-half years on active duty in the temporary grade of colonel in the Air Force under section 8071 of this title.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Appointment by President of Retired Commissioned Officer of Reserve Component to Higher Retired Grade; Recalculation of Pay

For authority of the President to appoint a retired commissioned officer of a reserve component to a higher retired grade and for recalculation of pay, see section 13(c) of Pub. L. 96–343, set out as a note under section 7342 of this title.

Retired Grade for Certain General Officers

Extension of privilege granted by subsec. (a) of this section, to officers, heretofore or hereafter retired, who served in the grade of general or lieutenant general after Dec. 7, 1941, and before July 1, 1946, see section 38 of act Aug. 10, 1956, set out as a note under section 7342 of this title.

§9343. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct

(a) A Reserve enlisted member of the Air Force described in subsection (b) who is retired under section 9314 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Air Force.

(b) This section applies to a Reserve enlisted member who—

(1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest enlisted grade held by the member while on active duty (or full-time National Guard duty); and

(2) was previously administratively reduced in grade not as a result of the member's own misconduct, as determined by the Secretary of the Air Force.


(c) This section applies with respect to Reserve enlisted members who are retired under section 9314 of this title after September 30, 1996.

(Added Pub. L. 104–201, div. A, title V, §532(c)(1), Sept. 23, 1996, 110 Stat. 2519, §8963; renumbered §9343 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Prior Provisions

A prior section 9343 was renumbered section 9443 of this title.

Amendments

2018Pub. L. 115–232, §806(b)(14), renumbered section 8963 of this title as this section.

Subsecs. (a), (c). Pub. L. 115–232, §809(a), substituted "section 9314" for "section 8914".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9344. Higher grade after 30 years of service: warrant officers and enlisted members

(a) Each retired member of the Air Force covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Air Force.

(b) This section applies to—

(1) warrant officers of the Air Force;

(2) enlisted members of the Regular Air Force; and

(3) reserve enlisted members of the Air Force who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time duty).

(Aug. 10, 1956, ch. 1041, 70A Stat. 555, §8964; Pub. L. 85–861, §1(198A), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 98–525, title V, §533(c), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 100–180, div. A, title V, §512(c), Dec. 4, 1987, 101 Stat. 1090; renumbered §9344, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8964 10:594 (1st proviso, less last 39 words; and last proviso).

10:1004 (less 30 words before proviso).

Aug. 21, 1941, ch. 384, §5 (1st proviso, less last 39 words; and last proviso); restated June 29, 1948, ch. 708, §203 (c) (1st proviso, less last 39 words; and last proviso), 62 Stat. 1085; May 29, 1954, ch. 249, §19(f), 68 Stat. 167.
  June 29, 1948, ch. 708, §203(e) (less 30 words before proviso), 62 Stat. 1086.

The words "when his active service plus his service on the retired list totals 30 years" are substituted for the words "upon the completion of thirty years' [years of] service, to include the sum of his active service and his service on the retired list", in 10:594 and 1004. The words "under any provision of law", in 10:594 and 1004; "officer, flight officer, or warrant officer", in 10:594; and "commissioned, warrant, or enlisted", in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by section 1372 of this title.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8964 10 App.:1004. May 31, 1956, ch. 348, §1, 70 Stat. 222.

Prior Provisions

A prior section 9344, act Aug. 10, 1956, ch. 1041, 70A Stat. 564; Pub. L. 98–94, title X, §1004(c)(1), Sept. 24, 1983, 97 Stat. 659; Pub. L. 105–85, div. A, title V, §543(c), Nov. 18, 1997, 111 Stat. 1744; Pub. L. 106–65, div. A, title V, §534(c), Oct. 5, 1999, 113 Stat. 605; Pub. L. 106–398, §1 [[div. A], title V, §532(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-110; Pub. L. 107–107, div. A, title V, §533(c)(1), (2), Dec. 28, 2001, 115 Stat. 1106, related to selection of persons from foreign countries to receive instruction at the United States Air Force Academy, prior to repeal by Pub. L. 114–328, div. A, title XII, §1248(b)(1), Dec. 23, 2016, 130 Stat. 2525. See section 347 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 8964 of this title as this section.

1987Pub. L. 100–180 substituted "warrant officers and enlisted members" for "Air Force warrant officers; regular enlisted members" in section catchline, and amended text generally. Prior to amendment, text read as follows: "Each warrant officer of the Air Force, and each enlisted member of the Regular Air Force, who is retired before or after this title is enacted is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the grade that is equal to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Air Force."

1984Pub. L. 98–525 substituted "highest grade" for "highest temporary grade".

1958Pub. L. 85–861 struck out "after September 8, 1940 and before July 1, 1946" after "Secretary of the Air Force".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–180 applicable to any reserve enlisted member who completes 30 years of service in Armed Forces before, on, or after Dec. 4, 1987, and no person to be paid retired pay at higher rate by reason of enactment of Pub. L. 100–180 for any period before Dec. 4, 1987, see section 512(f) of Pub. L. 100–180, set out as a note under section 3964 of this title.

§9345. Restoration to former grade: retired warrant officers and enlisted members

Each retired warrant officer or enlisted member of the Air Force who has been advanced on the retired list to a higher commissioned grade under section 9344 of this title, and who applies to the Secretary of the Air Force within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant-officer or enlisted status, as the case may be.

(Aug. 10, 1956, ch. 1041, 70A Stat. 555, §8965; Pub. L. 100–180, div. A, title V, §512(d)(3), Dec. 4, 1987, 101 Stat. 1090; Pub. L. 100–456, div. A, title XII, §1233(i)(2)(A), Sept. 29, 1988, 102 Stat. 2058; renumbered §9345 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8965 10:1006. June 29, 1948, ch. 708, §204, 62 Stat. 1086.

The words "hereafter", "rank or", and "shall thereafter be deemed to be enlisted or warrant officer personnel, as appropriate, for all purposes" are omitted as surplusage. The words "three months from June 29, 1948" and "whichever is later" are omitted as executed.

Prior Provisions

A prior section 9345, added Pub. L. 105–85, div. A, title V, §542(c)(1), Nov. 18, 1997, 111 Stat. 1742; amended Pub. L. 106–65, div. A, title V, §535(c), Oct. 5, 1999, 113 Stat. 606; Pub. L. 109–364, div. A, title V, §531(c), Oct. 17, 2006, 120 Stat. 2199, related to exchange program with foreign military academies, prior to repeal by Pub. L. 114–328, div. A, title XII, §1248(b)(1), Dec. 23, 2016, 130 Stat. 2525.

Another prior section 9345, act Aug. 10, 1956, ch. 1041, 70A Stat. 565, related to selection of Filipinos for instruction at the Air Force Academy, prior to repeal by Pub. L. 98–94, title X, §1004(c)(2), (d), Sept. 24, 1983, 97 Stat. 660, effective one year after Sept. 24, 1983.

A prior section 9345a, added Pub. L. 110–417, [div. A], title V, §541(c)(1), Oct. 14, 2008, 122 Stat. 4456; amended Pub. L. 113–291, div. A, title V, §553(c), Dec. 19, 2014, 128 Stat. 3377, related to foreign and cultural exchange activities, prior to repeal by Pub. L. 114–328, div. A, title XII, §1248(b)(1), Dec. 23, 2016, 130 Stat. 2525.

Amendments

2018Pub. L. 115–232 renumbered section 8965 of this title as this section and substituted "section 9344" for "section 8964".

1988Pub. L. 100–456 substituted "retired" for "Regular Air Force" in section catchline.

1987Pub. L. 100–180 struck out "Regular" before "Air Force who".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9346. Retired lists

(a) The Secretary of the Air Force shall maintain a retired list containing the name of each retired commissioned officer of the Regular Air Force.

(b) The Secretary shall maintain a retired list containing the name of—

(1) each person entitled to retired pay under any law providing retired pay for commissioned officers of the Air Force, other than of the Regular Air Force; and

(2) each retired warrant officer or enlisted member of the Air Force who is advanced to a commissioned grade.


(c) The Secretary shall maintain a retired list containing the name of each retired warrant officer of the Air Force.

(d) The Secretary shall maintain a retired list containing the name of each retired enlisted member of the Regular Air Force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 556, §8966; Pub. L. 85–861, §1(199), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 100–180, div. A, title V, §512(d)(3), Dec. 4, 1987, 101 Stat. 1090; renumbered §9346, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8966(a)

8966(b)

8966(c)

10:1001.

10:1036.

[No source].

June 29, 1948, ch. 708, §§201, 301(a), 62 Stat. 1084, 1087.
8966(d) [No source].

In subsections (a), (b), and (d), the word "maintain" is substituted for the word "establish", and in subsection (c) the word "maintain" is substituted for the word "established", since the lists have been established and are published annually.

In subsection (a), the words "Effective upon June 29, 1948" are omitted as executed. 10:1001 (last 12 words of 1st sentence, and last sentence) is omitted as no longer required, since, upon enactment of this title, laws referring to the limited or unlimited retired list will be expressly repealed.

In subsection (b), the word "shall" is substituted for the word "may", since 10:1036 further requires that such a list be published annually in the Register. The requirement as to publication necessarily implies that the list must be maintained.

Subsection (b)(1) is substituted for the words "all commissioned officers and former commissioned officers * * * or the Air Force of the United States, as the case may be * * * or the Regular Air Force, heretofore or hereafter granted retirement pay under sections 456, 456a, and 1036a of this title, or any law hereafter enacted to provide retirement pay for commissioned officers * * * or the Regular Air Force".

In subsection (b)(2), the words "who is advanced to a commissioned grade" are substituted for the words "heretofore or hereafter retired under any provision of law who, by reason of service in temporary commissioned grades * * * or the Air Force of the United States, or in any of the respective components thereof, are entitled to be retired with commissioned rank or grade".

Subsections (c) and (d) are inserted, since sections 8964 and 8965 of this title refer to service on the retired list as a warrant officer or enlisted member.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8966(a)

8966(b)

10 App.:1001.

10 App.:1036.

July 24, 1956, ch. 677, §2(f), (g), 70 Stat. 623.

Prior Provisions

Prior sections 9346 to 9356 were renumbered sections 9446 to 9456 of this title, respectively.

Another prior section 9356, added Pub. L. 103–337, div. A, title V, §556(c)(1), Oct. 5, 1994, 108 Stat. 2775, related to position of athletic director of Academy and to administration of nonappropriated fund account for athletics program of Academy, prior to repeal by Pub. L. 104–106, div. A, title V, §533(c)(1), Feb. 10, 1996, 110 Stat. 315.

Prior sections 9357 to 9360 were renumbered sections 9457 to 9460 of this title, respectively.

Amendments

2018Pub. L. 115–232 renumbered section 8966 of this title as this section.

1987—Subsec. (b)(2). Pub. L. 100–180 struck out "Regular" before "Air Force".

1958Pub. L. 85–861 struck out provisions in subsecs. (a) and (b) which required annual publication in official Air Force Register of the retired list.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 945—COMPUTATION OF RETIRED PAY

Sec.
9361.
Computation of retired pay.
9362.
Recomputation of retired pay to reflect advancement on retired list.

        

Prior Provisions

A prior chapter 945, consisting of sections 9711 to 9713, related to disposition of effects of deceased persons, prior to renumbering as chapter 975 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 871 of this title as this chapter and items 8991 and 8992 as 9361 and 9362, respectively.

§9361. Computation of retired pay

(a) Computation.—

(1) Formula.—The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying—

(A) the member's retired pay base (as computed under section 1406(e) or 1407 of this title), by

(B) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.


(2) Additional 10 percent for certain enlisted members credited with extraordinary heroism.—If a member who is retired under section 9314 of this title has been credited by the Secretary of the Air Force with extraordinary heroism in the line of duty, the member's retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based). The Secretary's determination as to extraordinary heroism is conclusive for all purposes.


(b) General Rules.—

(1) Use of most favorable formula.—If a person would otherwise be entitled to retired pay computed under more than one formula in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him.

(2) Rounding to next lower dollar.—The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1.


(c) Special Rule for Retired Reserve Enlisted Members Covered by Section 9343.—In the case of a Reserve enlisted member retired under section 9314 of this title whose retired grade is determined under section 9343 of this title and who first became a member of a uniformed service before September 8, 1980, the retired pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the member's retired grade (determined based upon the rates of basic pay applicable on the date of the member's retirement), and that amount shall be used for the purposes of subsection (a)(1)(A) rather than the amount computed under section 1406(e) of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 556, §8991; Pub. L. 85–155, title III, §301(22), Aug. 21, 1957, 71 Stat. 389; Pub. L. 85–422, §§6(6), (8), 11(a)(9), May 20, 1958, 72 Stat. 129, 131; Pub. L. 85–861, §1(199A), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 87–651, title I, §127, Sept. 7, 1962, 76 Stat. 514; Pub. L. 88–132, §5(h)(2), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90–207, §3(5), Dec. 16, 1967, 81 Stat. 654; Pub. L. 96–342, title VIII, §813(e), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 96–513, title V, §§504(22), 514(8), Dec. 12, 1980, 94 Stat. 2917, 2935; Pub. L. 98–94, title IX, §§922(a)(12), 923(a)(1), (2)(H), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, §204(a), July 1, 1986, 100 Stat. 697; Pub. L. 103–337, div. A, title VI, §635(c)(2), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–201, div. A, title V, §532(d)(3), Sept. 23, 1996, 110 Stat. 2520; renumbered §9361 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8991 Introductory paragraph

 

 

 

8991(A)

 

 

 

8991(B)

 

 

 

 

 

 
10:941a(a)(3) (proviso, less applicability to retired grade).

10:941a(e) (1st proviso of clause (1), less applicability to retired grade).

10:166g(a) (less 1st 49 words; less 1st proviso; and less 1st 84 words of last proviso).

10:941a(a)(3) (less 31st through 42d words, and less proviso).

10:941a(e) (clause (1), less 1st 25, and 59th through 113th, words; and less 1st proviso).

R.S. 1274.

Mar. 2, 1907, ch. 2515, §1 (less 1st 35 words, and less proviso), 34 Stat. 1217.

July 31, 1935, ch. 422, §5 (less 1st 101 words, and less 3d proviso); restated June 13, 1940, ch. 344, §3 (less 1st 45 words, and less 2d proviso), 54 Stat. 380; Aug. 7, 1947, ch. 512, §§514(g), 521(a), 61 Stat. 906, 912; June 29, 1948, ch. 708, §202 (less 1st 105 words), 62 Stat. 1084.

8991(C)

 

 

 

8991(D)

10:971.

10:971b (less 1st 100 words, and less 1st and 3d proviso).

10:948 less (1st sentence, and less 1st and last provisos of last sentence).

Oct. 6, 1945, ch. 393, §4 (less 1st sentence); restated Aug. 10, 1946, ch. 952, §6(a) (less 1st sentence), 60 Stat. 996.

Aug. 10, 1946, ch. 952, §6(c), 60 Stat. 996.

8991(E)

8991 Footnote 1

8991 Footnote 2

 

 

 

 

8991 Footnote 3

8991 Footnote 4

 

 

 

 

 

8991 Footnote 5

10:980.

10:506b(d) (1st proviso).

10:1079a(b) (proviso).

5:627b(h) (3d proviso, less 1st 42, and last 13, words).

10:1002 (34 words before proviso and proviso).

10:1003 (last 40 words).

[No source].

10:166g(a) (1st proviso).

10:941a(e) (94th through 113th words of clause (1)).

10:948 (last proviso of last sentence).

10:971b (1st proviso).

37:272(d) (1st proviso).

10:948 (1st proviso of last sentence).

Apr. 16, 1947, ch. 38, §108(a) (less 1st 49 words, and less 1st 84 words of last proviso), 61 Stat. 44.

Aug. 7, 1947, ch. 512, §§504(d) (1st proviso), 514(a)(3) (less 31st through 42d words; and less proviso, less applicability to retired grade), 514(e) (clause (1), less 1st 25, and 59th through 93d, words; and less 1st proviso, as applicable to retired grade), 520(b) (proviso), 61 Stat. 888, 902, 905, 912.

June 12, 1948, ch. 449, §303(h) (3d proviso, less 1st 42, and last 13, words), 62 Stat. 372.

  June 29, 1948, ch. 708, §§203(a) (34 words before proviso, and proviso), 203(d) (last 40 words), 62 Stat. 1085.

In the introductory paragraph, the applicability of the rule stated in the third sentence to situations not expressly covered by the laws named in the source statutes above is a practical construction that the rule must be reciprocally applied in all cases.

In formula B, the words "basic pay" are substituted for the words "base and longevity pay" to conform to the terminology of the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words "his retired grade" are substituted for the words "permanent grade held at time of retirement" to reflect the right to higher retired grade when qualified under other provisions of law. 10:941a(e) (last proviso of clause (1)), is omitted, since, under section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233), the active duty pay of all members of the Air Force is based upon years of service.

In formula C, the computation is based on monthly pay instead of annual pay to conform to the other formulas of the revised section. The words "basic pay" are substituted for the words "active duty base and longevity pay", and the words "in determining his basic pay" are substituted for the words "for longevity pay purposes", to conform to the terminology of the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words "Monthly basic pay of member's retired grade" are substituted for the words "the rank upon which they are retired", in 10:971, and "rank with which retired", in 10:971b, to reflect their right to advancement on the retired list. 10:971 now applies only when the retiring officer has 30 or more years of service which may be credited in computing his retired pay. 10:971b (2d proviso) is omitted, since, under section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233), the pay of all members is based upon cumulative years of service. 10:971b (4th proviso) is omitted as executed. 10:971b (last proviso) is omitted, since the distinction between limited and unlimited retired lists was abolished by section 201 of the Act of June 29, 1948, ch. 708, 62 Stat. 1084. Sections 8918, 8920, and 8924 are included under this formula, since it achieves the same result as is reached on a basis of 30 years multiplied by 2½ percent, and simplifies the table.

In formulas D and E the words "credited under section 8925" are substituted for the words "active Federal service", since that revised section makes explicit the service covered. The Act of August 10, 1946, ch. 952, §6(c), 60 Stat. 996, is not contained in 10:948. It is also omitted from the revised section as executed. 10:980 now applies only when the retiring enlisted member has at least 30 years of service which may be credited in computing his retired pay. However, as noted above, 10:980 is the only provision of law applicable to cases in which the retiring member has at least 30 years of service. The Act of June 16, 1942, ch. 413, §19 (63d through 75th words of 2d par.), 56 Stat. 369, repealed so much of the Act of March 2, 1907, ch. 2513, 34 Stat. 1217, as provided allowances for enlisted men on the retired list. The repeal of section 19 of the Act of June 16, 1942, by section 531(b)(34) of the Career Compensation Act of 1949, 63 Stat. 839, did not revive that portion of the Act of March 2, 1907, which had been repealed by the Act of June 16, 1942. Accordingly, the Act of March 2, 1907, as thus modified by the Act of June 16, 1942, is used as the basis for formula E.

Footnote 2 reflects the long-standing construction of those provisions dealing with computation of retired pay which do not specifically provide that the member is entitled to compute his retired pay on the basis of the monthly basic pay to which he would be entitled if he were on active duty in his retired grade. Except in cases covered by formula C, the pertinent basic computation provisions for such retirement either provide for computation of retired pay on the same basis as the provisions dealing with higher retired grade, or the basic retirement provisions were themselves enacted after the provisions authorizing higher retired grade. The provisos of 10:1002 and 1005 are omitted as surplusage, since no formula for the computation of retired pay includes inactive service on the retired list as a credit.

The words "at rates applicable on date of retirement and adjust to reflect later changes in permanent rates", in footnote 2; and all of footnote 4; are based on the source statutes incorporated in the formulas to which footnotes 2 and 4 apply.

In footnote 4, the words "and disregard a part of a year that is less than six months" are made applicable to formulas A–E, although this part of the rule is expressed only as to formula B, in 10:941a(4)(1). The legislative history of the Career Compensation Act of 1949 (Hearings before the Committee on Armed Services of the Senate on H.R. 5007, 81st Congress, first session, p. 313, July 6, 1949) indicates that the provisions, upon which formulas A and C–E are based, should be construed to require that a part of a year that is less than six months be disregarded.

1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8991 [No source]. [No source].

The amendment reflects section 1(197) of the bill [amendment of section 8962 of title 10].

1962 Act

The change corrects a cross-reference error.

Prior Provisions

A prior section 9361 was renumbered section 9461 of this title.

Amendments

2018Pub. L. 115–232, §806(b)(15), renumbered section 8991 of this title as this section.

Subsec. (a)(2). Pub. L. 115–232, §809(a), substituted "section 9314" for "section 8914".

Subsec. (c). Pub. L. 115–232, §809(a), substituted "Section 9343" for "Section 8963" in heading and "section 9314" for "section 8914" and "section 9343" for "section 8963" in text.

1996—Subsec. (c). Pub. L. 104–201 added subsec. (c).

1994—Subsec. (a)(1). Pub. L. 103–337, §635(c)(2)(A), amended par. (1) generally. Prior to amendment, par. (1) contained table which provided two formulas for computing retired pay for cases covered under sections 8911, 8914, 8917, 8918, 8920, and 8924 of this title.

Subsec. (b)(1). Pub. L. 103–337, §635(c)(2)(B)(i), struck out "of the table" after "than one formula".

Subsec. (b)(3). Pub. L. 103–337, §635(c)(2)(B)(ii), struck out heading and text of par. (3). Text read as follows: "Section references in the table in subsection (a) are to sections of this title."

1986Pub. L. 99–348 amended section generally by completely revising the formula for computation of retired pay to provide that the retired pay base as computed under section 1406(e) or section 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under section 1405 for sections 8911, 8918, 8920, and 8924 and for the years of service credited under section 8925 for sections 8914 and 8917, eliminated monthly basic pay of a member's retired grade or to which a member was entitled on the day before he retired multiplied by 2½ percent of the years of service credited, subject to footnotes 1 to 4, as the basis for computing retired pay, incorporated provisions of column 3 and footnote 5 into subsec. (a)(2), struck out column 4, which provided that the excess over 75% of pay upon which the computation is based be subtracted, eliminated footnotes 1 to 4, and added subsec. (b).

1983Pub. L. 98–94, §923(a)(1), (2)(H), in footnote 4 to table, substituted "Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month" for "Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months".

Pub. L. 98–94, §922(a)(12), inserted "The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1."

1980Pub. L. 96–513, §514(8), in heading for column 1 of table substituted "after September 7, 1980" for "on or after the date of the enactment of the Department of Defense Authorization Act, 1981".

Pub. L. 96–342 in heading for column 1 of table inserted provisions respecting applicability to persons after date of enactment of Department of Defense Authorization Act, 1981.

Pub. L. 96–513, §504(22), in table struck out Formula A and redesignated Formulas B, C, and D as A, B, and C, respectively.

1967Pub. L. 90–207 inserted ", or if the member has served as chief master sergeant of the Air Force, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater" after "retirement" in footnote 3 of the table.

1963Pub. L. 88–132 substituted in column 1 of Formula A in table "Monthly basic pay 2 of member's retired grade 1" for "Monthly basic pay to which member would be entitled if he were on active duty in his retired grade 1" and eliminated from footnote 2 to such table "and adjust to reflect later changes in applicable permanent rates. However, if member's retired grade is determined under section 3963(a) or 3963(b), use pay to which member would be entitled if he were on active duty in his retired grade" after "date of retirement".

1962Pub. L. 87–651 substituted "section 8962(b)" for "section 8962(c)" in footnote 1.

1958—Formula B. Pub. L. 85–422, §11(a)(9), substituted "credited to him under section 1405 of this title" for "credited to him in determining basic pay" in column 2.

Formula C. Pub. L. 85–422, §6(8), substituted "Monthly basic pay to which member was entitled on day before he retired" for "Monthly basic pay to which member was entitled on date when he applied for retirement" in column 1.

Formula D. Pub. L. 85–422, §6(8), substituted "Monthly basic pay to which member was entitled on day before he retired" for "Monthly basic pay of member's retired grade" in column 1.

Footnote 1. Pub. L. 85–422, §6(6), permitted in case of an officer who has served as Chief of Staff, computation at highest rates of basic pay applicable to him while he served in that office.

Footnote 2. Pub. L. 85–861 struck out reference to section 8962(b).

1957Pub. L. 85–155 redesignated formulas "B" to "E" of table as formulas "A" to "D". Former formula "A", which related to computation of retirement pay for persons retired under former sections 8881, 8882, and 8912 of this title, was repealed by such Pub. L. 85–155.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 applicable to computation of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title.

Effective Date of 1983 Amendment

Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title.

Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title.

Effective Date of 1980 Amendment

Amendment by section 504(22) of Pub. L. 96–513 effective Sept. 15, 1981, and amendment by section 514(8) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1958 Amendment

Amendment by section 6(6), (8) of Pub. L. 85–422 inapplicable to retired persons or to persons to whom retired pay is granted before May 31, 1958, see section 6 of Pub. L. 85–422, set out in part under section 3991 of this title.

Amendment by Pub. L. 85–422 effective on June 1, 1958, see section 9 of Pub. L. 85–422.

Computation of Retired Pay for Certain Enlisted Members Retired Prior to June 1, 1958

Members retired prior to June 1, 1958, authorized to include active service performed to the date of retirement as creditable service in computation of basic pay upon which retired pay is based, see Pub. L. 87–537, set out as a note under section 7361 of this title.

§9362. Recomputation of retired pay to reflect advancement on retired list

(a) Entitlement to Recomputation.—An enlisted member or warrant officer of the Air Force who is advanced on the retired list under section 9344 of this title is entitled to recompute his retired pay in accordance with this section.

(b) Formula.—The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying—

(1) the member's retired pay base (as computed under section 1406(e) or 1407 of this title), by

(2) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.


(c) Rounding to Next Lower Dollar.—The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(Aug. 10, 1956, ch. 1041, 70A Stat. 557, §8992; Pub. L. 96–342, title VIII, §813(e), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 96–513, title V, §514(8), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 97–295, §1(52), Oct. 12, 1982, 96 Stat. 1300; Pub. L. 98–94, title IX, §§922(a)(13), 923(a)(1), (2)(I), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, §204(b), July 1, 1986, 100 Stat. 698; Pub. L. 103–337, div. A, title VI, §635(c)(3), Oct. 5, 1994, 108 Stat. 2789; renumbered §9362 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8992 10:594 (last 39 words of 1st proviso).

10:1004 (30 words before proviso).

Aug. 21, 1941, ch. 384, §5 (last 39 words of 1st proviso); restated June 29, 1948, ch. 708, §203(c) (last 39 words of 1st proviso), 62 Stat. 1085; May 29, 1954, ch. 249, §19(f), 68 Stat. 167.
  June 29, 1948, ch. 708, §203(e) (30 words before proviso), 62 Stat. 1086.

The words "basic pay * * * as the case may be" are inserted to conform to the terminology of the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words "at the rate prescribed by law for his length of service", in 10:1004, are omitted as covered by the words "base and longevity pay". The words "base and longevity pay" are retained to cover the cases of members retired before the enactment of the Career Compensation Act of 1949, and advanced on the retired list after the enactment of that act. The words "and disregard a part of a year that is less than six months" are inserted to conform to footnote 4 of section 8991 of this title.

1982 Act

This amends 10:8992 to correct an inadvertent error in the codification of title 10 in 1956 relating to retirement pay of warrant officers advanced on the retired list. For further details, see the explanation for amendment of 10:1405 made by section 1(17).

Prior Provisions

A prior section 9362 was renumbered section 9462 of this title.

Amendments

2018Pub. L. 115–232, §806(b)(15), renumbered section 8992 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 9344" for "section 8964".

1994Pub. L. 103–337 amended section generally. Prior to amendment, section contained table with two formulas for recomputing retired pay of enlisted members and warrant officers of Air Force to reflect advancement on retired list.

1986Pub. L. 99–348 revised table generally by striking out provision in column 1 that for a person who first became a member of a uniformed service, as defined in section 1407(a)(2), after Sept. 7, 1980, one multiplier is the monthly retired pay base as computed under section 1407(e), substituting in formulas A and B provision that the retired pay base as computed under section 1406(e) or 1407 of this title be multiplied by the retired pay multiplier prescribed in section 1409 of this title for the number of years credited for provisions that the monthly basic pay or base and longevity pay, as the case may be, subject to footnote 1, of the grade to which the member is advanced on the retired list be multiplied by 2½% of years of service credited, subject to footnote 2, and have subtracted from it the excess over 75% of pay upon which the computation is based, struck out footnote 1, which provided that the computation be at the rate applicable on the date of retirement, and redesignated footnote 2 as 1 and substituted "In determining retired pay multiplier" for "Before applying percentage factor" and "1/12" for "one-twelfth".

1983Pub. L. 98–94, §923(a)(1), (2)(I), in footnote 2 to table, substituted "Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month" for "Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months".

Pub. L. 98–94, §922(a)(13), inserted "The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1."

1982Pub. L. 97–295 inserted "enlisted" before "member of the Air Force" and formula B relating to warrant officers.

1980Pub. L. 96–513 in heading for column 1 of table substituted "after September 7, 1980" for "on or after the date of the enactment of the Department of Defense Authorization Act, 1981".

Pub. L. 96–342 in heading for column 1 of table inserted provisions respecting applicability to persons after date of enactment of Department of Defense Authorization Act, 1981.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 applicable to computation of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title.

Effective Date of 1983 Amendment

Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title.

Amendment by section 923 of Pub. L. 98–94 applicable with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, and (2) the recomputation of retired pay under this section, of any individual who after Sept. 30, 1983, becomes entitled to recompute retired pay under this section, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

CHAPTER 947—CIVILIAN EMPLOYEES

Sec.
9371.
Air University: civilian faculty members.
9375.
Production of supplies and munitions: hours and pay of laborers and mechanics.
9377.
Civilian special agents of the Office of Special Investigations: authority to execute warrants and make arrests.

        

Prior Provisions

A prior chapter 947, consisting of repealed sections 9741 to 9748, related to transportation, prior to renumbering as chapter 977 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 873 of this title as this chapter and items 9021, 9025, and 9027 as 9371, 9375, and 9377, respectively.

2000Pub. L. 106–398, §1 [[div. A], title V, §554(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-127, added item 9027.

1989Pub. L. 101–189, div. A, title XI, §1124(d)(2), Nov. 29, 1989, 103 Stat. 1560, added item 9021.

1983Pub. L. 98–94, title IX, §932(c)(2), Sept. 24, 1983, 97 Stat. 650, struck out item 9022 "Contract surgeons".

1962Pub. L. 87–651, title I, §128(2), Sept. 7, 1962, 76 Stat. 514, struck out item 9023 "Service club and library services".

1958Pub. L. 85–861, §1(200), Sept. 2, 1958, 72 Stat. 1541, struck out item 9021 "Appointment: professional and scientific services".

§9371. Air University: civilian faculty members

(a) Authority of Secretary.—The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at a school of the Air University as the Secretary considers necessary.

(b) Compensation of Faculty Members.—The compensation of persons employed under this section shall be as prescribed by the Secretary.

(c) Application to Certain Faculty Members.—(1) Except as provided in paragraph (2), this section shall apply with respect to persons who are selected by the Secretary for employment as professors, instructors, and lecturers at a school of the Air University after February 27, 1990.

(2) This section shall not apply with respect to professors, instructors, and lecturers employed at a school of the Air University if the duration of the principal course of instruction offered at that school is less than 10 months.

(Added Pub. L. 101–189, div. A, title XI, §1124(d)(1), Nov. 29, 1989, 103 Stat. 1559, §9021; amended Pub. L. 103–337, div. A, title X, §1070(a)(17), Oct. 5, 1994, 108 Stat. 2856; renumbered §9371, Pub. L. 115–232, div. A, title VIII, §806(b)(16), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 9021 of this title as this section.

1994—Subsec. (c)(1). Pub. L. 103–337 substituted "after February 27, 1990" for "after the end of the 90-day period beginning on the date of the enactment of this section".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9375. Production of supplies and munitions: hours and pay of laborers and mechanics

During a national emergency declared by the President, the regular working hours of laborers and mechanics of the Department of the Air Force producing military supplies or munitions are 8 hours a day or 40 hours a week. However, under regulations prescribed by the Secretary of the Air Force these hours may be exceeded. Each laborer or mechanic who works more than 40 hours in a workweek shall be paid at a rate not less than one and one-half times the regular hourly rate for each hour in excess of 40.

(Aug. 10, 1956, ch. 1041, 70A Stat. 558, §9025; renumbered §9375, Pub. L. 115–232, div. A, title VIII, §806(b)(16), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
9025 5:189a. July 2, 1940, ch. 508, §4 (b), 54 Stat. 714.

The words "Notwithstanding the provisions of any other law" are omitted as surplusage. The word "producing" is substituted for the words "who are engaged in the manufacture or production". The last sentence is substituted for 5:189a (last 34 words).

Amendments

2018Pub. L. 115–232 renumbered section 9025 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9377. Civilian special agents of the Office of Special Investigations: authority to execute warrants and make arrests

(a) Authority.—The Secretary of the Air Force may authorize any Department of the Air Force civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.

(b) Agents To Have Authority.—Subsection (a) applies to any employee of the Department of the Air Force who is a special agent of the Air Force Office of Special Investigations (or a successor to that office) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Air Force.

(c) Guidelines for Exercise of Authority.—The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Air Force and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Air Force, the Secretary of Defense, or the Attorney General.

(Added Pub. L. 106–398, §1 [[div. A], title V, §554(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-127, §9027; renumbered §9377, Pub. L. 115–232, div. A, title VIII, §806(b)(16), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 9027 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

CHAPTER 949—MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES

Sec.
9381.
Fatality reviews.

        

Prior Provisions

A prior chapter 949, consisting of sections 9771 to 9783, related to real property, prior to renumbering as chapter 979 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 875 of this title as this chapter and item 9061 as 9381.

§9381. Fatality reviews

(a) Review of Fatalities.—The Secretary of the Air Force shall conduct a multidisciplinary, impartial review (referred to as a "fatality review") in the case of each fatality known or suspected to have resulted from domestic violence or child abuse against any of the following:

(1) A member of the Air Force on active duty.

(2) A current or former dependent of a member of the Air Force on active duty.

(3) A current or former intimate partner who has a child in common or has shared a common domicile with a member of the Air Force on active duty.


(b) Matters To Be Included.—The report of a fatality review under subsection (a) shall, at a minimum, include the following:

(1) An executive summary.

(2) Data setting forth victim demographics, injuries, autopsy findings, homicide or suicide methods, weapons, police information, assailant demographics, and household and family information.

(3) Legal disposition.

(4) System intervention and failures, if any, within the Department of Defense.

(5) A discussion of significant findings.

(6) Recommendations for systemic changes, if any, within the Department of the Air Force and the Department of Defense.


(c) OSD Guidance.—The Secretary of Defense shall prescribe guidance, which shall be uniform for the military departments, for the conduct of reviews by the Secretary under subsection (a).

(Added Pub. L. 108–136, div. A, title V, §576(c)(1), Nov. 24, 2003, 117 Stat. 1488, §9061; renumbered §9381, Pub. L. 115–232, div. A, title VIII, §806(b)(17), Aug. 13, 2018, 132 Stat. 1833.)

Prior Provisions

Prior sections 9381 to 9383 were repealed by Pub. L. 114–328, div. A, title XII, §1241(i)(2), Dec. 23, 2016, 130 Stat. 2508.

Section 9381, added Pub. L. 103–160, div. A, title XI, §1178(b), Nov. 30, 1993, 107 Stat. 1769, established the Aviation Leadership Program. See section 348 of this title.

Section 9382, added Pub. L. 103–160, div. A, title XI, §1178(b), Nov. 30, 1993, 107 Stat. 1769, related to the Secretary of the Air Force providing to a person receiving training transportation, supplies, equipment, clothing, billeting, food, and health services.

Section 9383, added Pub. L. 103–160, div. A, title XI, §1178(b), Nov. 30, 1993, 107 Stat. 1769, related to the Secretary of the Air Force paying a living allowance to a person receiving training.

Other prior sections 9381 to 9383 and prior sections 9384 to 9387 were repealed by Pub. L. 88–647, title III, §301(26), Oct. 13, 1964, 78 Stat. 1073. See chapter 103 of this title.

Section 9381, act Aug. 10, 1956, ch. 1041, 70A Stat. 568, defined "advanced training".

Section 9382, acts Aug. 10, 1956, ch. 1041, 70A Stat. 568; Sept. 2, 1958, Pub. L. 85–861, §33(a)(44), 72 Stat. 1567, related to establishment and composition of Air Force Reserve Officers' Training Corps.

Section 9383, act Aug. 10, 1956, ch. 1041, 70A Stat. 569, related to admission and training of medical, dental, pharmacy and veterinary students.

Section 9384, act Aug. 10, 1956, ch. 1041, 70A Stat. 569; Pub. L. 85–861, §1(202), Sept. 2, 1958, 72 Stat. 1541, set out courses of training.

Section 9385, act Aug. 10, 1956, ch. 1041, 70A Stat. 569, authorized operation and maintenance of training camps.

Section 9386, act Aug. 10, 1956, ch. 1041, 70A Stat. 570, provided for supplies and uniforms.

Section 9387, act Aug. 10, 1956, ch. 1041, 70A Stat. 570, provided for advanced training and compensation therefor.

Amendments

2018Pub. L. 115–232 renumbered section 9061 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

Section applicable to fatalities that occur on or after Nov. 24, 2003, see section 576(d) of Pub. L. 108–136, set out as a note under section 4061 of this title.