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Title 10 — Armed Forces

Part II · Chapter 943 — Retired Grade

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

Statutory text

(a)

Each retired member of the Air Force or the Space 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 or the Space Force;

(2)

enlisted members of the Regular Air Force or the Space Force; and

(3)

reserve enlisted members of the Air Force or the Space 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).

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.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8964 · 70A Stat. 555

    Enacted · 10 U.S.C. § 9344

    Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8964

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8964

  2. Pub. L. 85–861 § 1 · 72 Stat. 1437

    Struck · 10 U.S.C. § 9344

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

    Source evidence

    Code amendment note
    Pub. L. 85–861 struck out “after September 8, 1940 and before July 1, 1946” after “Secretary of the Air Force”.

    Enacted provision · exact public law section
    (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

  3. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title V § 533(c) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 9344

    Pub. L. 98–525 substituted “highest grade” for “highest temporary grade”

    Source evidence

    Code amendment note
    Pub. L. 98–525 substituted “highest grade” for “highest temporary grade”.

    Enacted provision · exact public law section
    (c) Sections 3964 and 8964 of such title are amended by striking out “temporary”.

  4. National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 div. A title V § 512(c) · 101 Stat. 1019

    1. Substituted · 10 U.S.C. § 9344

      Pub. L. 100–180 substituted “warrant officers and enlisted members” for “Air Force warrant officers; regular enlisted members” in section catchline

    2. Amended · 10 U.S.C. § 9344

      Pub. L. 100–180 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.”

    Source evidence

    Code amendment note
    Pub. 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.”

    Enacted provision · exact public law section
    (c) Air Force.— Section 8964 of title 10, United States Code, is amended to read as follows: “§ 8964. 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; “(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).

  5. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 806(b)(14) · 132 Stat. 1636

    Changed · 10 U.S.C. § 9344

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

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 8964 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.

  6. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 923(c)(21)(A)(i) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 9344(a)

    Pub. L. 116–283, § 923(c)(21)(A)(i), inserted “or the Space Force” after “member of the Air Force”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 923(c)(21)(A)(i), inserted “or the Space Force” after “member of the Air Force”.

    Enacted provision · exact public law section
    (i) in subsection (a), by inserting “or the Space Force” after “member of the Air Force”; and

  7. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 923(c)(21)(A)(ii)(I) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 9344(b)(1)

    Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”.

    Enacted provision · exact public law section
    (I) in paragraphs (1) and (3), by inserting “or the Space Force” after “Air Force” each place it appears; and

  8. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 923(c)(21)(A)(ii)(II) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 9344(b)(2)

    Pub. L. 116–283, § 923(c)(21)(A)(ii)(II), inserted “or the Regular Space Force” after “Regular Air Force”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–283, § 923(c)(21)(A)(ii)(II), inserted “or the Regular Space Force” after “Regular Air Force”.

    Enacted provision · exact public law section
    (II) in paragraph (2), by inserting “or the Regular Space Force” after “Regular Air Force”.

  9. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 923(c)(21)(A)(ii)(I) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 9344(b)(3)

    Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”.

    Enacted provision · exact public law section
    (I) in paragraphs (1) and (3), by inserting “or the Space Force” after “Air Force” each place it appears; and

  10. Space Force Personnel Management Act

    Pub. L. 118–31 div. A title XVII § 1719A(b)(3) · 137 Stat. 136

    Struck · 10 U.S.C. § 9344(b)(2)

    Pub. L. 118–31 struck out “Regular” before “Space Force”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 118–31 struck out “Regular” before “Space Force”.

    Enacted provision · exact public law section
    (3) Retired grade of enlisted members after 30 years of service.— Section 9344(b)(2) is amended by striking “Regular” before “Space Force”.

10 of 11 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
896410:594 (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.

historicalAndRevision
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
896410 App.:1004.May 31, 1956, ch. 348, § 1, 70 Stat. 222.

Editorial Notes

Prior Provisions

A prior section 9344, act Aug. 10, 1956, ch. 1041, 70A Stat. 564; Pub. L. 98–94, title X, § 1004(c)(1), , 97 Stat. 659; Pub. L. 105–85, div. A, title V, § 543(c), , 111 Stat. 1744; Pub. L. 106–65, div. A, title V, § 534(c), , 113 Stat. 605; Pub. L. 106–398, § 1 [[div. A], title V, § 532(c)], , 114 Stat. 1654, 1654A–110; Pub. L. 107–107, div. A, title V, § 533(c)(1), (2), , 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), , 130 Stat. 2525. See section 347 of this title.

Amendments1958–2023 · 6 rounds

2023

Subsec. (b)(2). Pub. L. 118–31 struck out “Regular” before “Space Force”.

2021

Subsec. (a). Pub. L. 116–283, § 923(c)(21)(A)(i), inserted “or the Space Force” after “member of the Air Force”.

Subsec. (b)(1). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”.

Subsec. (b)(2). Pub. L. 116–283, § 923(c)(21)(A)(ii)(II), inserted “or the Regular Space Force” after “Regular Air Force”.

Subsec. (b)(3). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”.

2018

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

1987

Pub. 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.”

1984

Pub. L. 98–525 substituted “highest grade” for “highest temporary grade”.

1958

Pub. L. 85–861 struck out “after and before ” after “Secretary of the Air Force”.

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.

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 , and no person to be paid retired pay at higher rate by reason of enactment of Pub. L. 100–180 for any period before , see section 512(f) of Pub. L. 100–180, set out as a note under section 3964 of this title.

Credits

1956–2023 · 7 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8964
  2. 1958Pub. L. 85–861, § 1(198A), , 72 Stat. 1541
  3. 1984Pub. L. 98–525, title V, § 533(c), , 98 Stat. 2528
  4. 1987Pub. L. 100–180, div. A, title V, § 512(c), , 101 Stat. 1090
  5. 2018renumbered § 9344, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), , 132 Stat. 1833
  6. 2021Pub. L. 116–283, div. A, title IX, § 923(c)(21)(A), , 134 Stat. 3812
  7. 2023Pub. L. 118–31, div. A, title XVII, § 1719A(b)(3), , 137 Stat. 664.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8964; Pub. L. 85–861, § 1(198A), , 72 Stat. 1541; Pub. L. 98–525, title V, § 533(c), , 98 Stat. 2528; Pub. L. 100–180, div. A, title V, § 512(c), , 101 Stat. 1090; renumbered § 9344, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), , 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(21)(A), , 134 Stat. 3812; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(3), , 137 Stat. 664.)

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