Public Law 119-73 (01/23/2026)

10 U.S.C. § 9324

Forty years or more: Air Force officers and Space Force officers

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

Aug. 10, 1956, ch. 104170A Stat. 552Pub. L. 96–513, title V, § 504(18)94 Stat. 2917Pub. L. 115–232, div. A, title VIII132 Stat. 1833Pub. L. 116–283, div. A, title IX, § 923(c)(17)(A)134 Stat. 3812(, , § 8924; , , ; renumbered § 9324 and amended , §§ 806(b)(13), 809(a), , , 1840; , (B), , .)

Historical and Revision Notes

Revised section

Source (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.

section 8786 of this titleIn subsection (a), the words “Except as provided in ” 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, , 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.

Editorial Notes

Amendments

Pub. L. 116–2832021— substituted “Forty years or more: Air Force officers and Space Force officers” for “Forty years or more: Air Force officers” in section catchline and inserted “or the Space Force” after “Air Force” in subsecs. (a) and (b).

Pub. L. 115–232, § 809(a)2018—, 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)section 8924 of this title, renumbered as this section.

Pub. L. 96–5131980—Subsec. (a). substituted “section 1186” for “section 8786”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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

Effective Date of 1980 Amendment

Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .