Title 10 — Armed Forces
Part II · Chapter 943 — Retired Grade
§ 9343. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct
Statutory text
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.
This section applies to a Reserve enlisted member who—
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
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.
This section applies with respect to Reserve enlisted members who are retired under section 9314 of this title after .
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 div. A title V § 532(c)(1) · 110 Stat. 2422
Enacted · 10 U.S.C. § 9343
Added Pub. L. 104–201, div. A, title V, § 532(c)(1), Sept. 23, 1996, 110 Stat. 2519, § 8963
Source evidence
Code source credit
Added Pub. L. 104–201, div. A, title V, § 532(c)(1), Sept. 23, 1996, 110 Stat. 2519, § 8963Enacted provision · exact public law section
(1) Chapter 869 of title 10, United States Code, is amended by inserting after section 8962 the following new section: “§ 8963. 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 8914 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— Applicability. “(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 Applicability. who are retired under section 8914 of this title after September 30, 1996.”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 806(b)(14) · 132 Stat. 1636
Changed · 10 U.S.C. § 9343
Pub. L. 115–232, § 806(b)(14), renumbered section 8963 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 806(b)(14), renumbered section 8963 of this title as this section.Enacted provision · exact public law section
(14) Chapter 869.— Sections 8961, 8962, 8963, 8964, 8965, and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and 9346, respectively.Effective date note
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.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 9343(a); 10 U.S.C. § 9343(c)
Pub. L. 115–232, § 809(a), substituted “section 9314” for “section 8914”
Source evidence
Code amendment note
Subsecs. (a), (c). Pub. L. 115–232, § 809(a), substituted “section 9314” for “section 8914”.Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.Effective date note
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.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 9343 was renumbered section 9443 of this title.
Amendments
2018—Pub. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , 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.
Credits
1996–2018 · 2 acts
- 1996Added Pub. L. 104–201, div. A, title V, § 532(c)(1), , 110 Stat. 2519, § 8963
- 2018renumbered § 9343 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(14), 809(a), , 132 Stat. 1833, 1840.
Show as published
(Added Pub. L. 104–201, div. A, title V, § 532(c)(1), , 110 Stat. 2519, § 8963; renumbered § 9343 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(14), 809(a), , 132 Stat. 1833, 1840.)