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
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.
This section applies to—
warrant officers of the Air Force or the Space Force;
enlisted members of the Regular Air Force or the Space Force; and
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.
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, § 8964Pub. 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.”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”.National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 div. A title V § 512(c) · 101 Stat. 1019
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
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).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.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”; andWilliam 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; andWilliam 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”.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; andSpace 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 section | Source (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.
historicalAndRevision
| 1958 Act | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 8964 | 10 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
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8964
- 1958Pub. L. 85–861, § 1(198A), , 72 Stat. 1541
- 1984Pub. L. 98–525, title V, § 533(c), , 98 Stat. 2528
- 1987Pub. L. 100–180, div. A, title V, § 512(c), , 101 Stat. 1090
- 2018renumbered § 9344, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), , 132 Stat. 1833
- 2021Pub. L. 116–283, div. A, title IX, § 923(c)(21)(A), , 134 Stat. 3812
- 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.)