10 U.S.C. § 9344 | Higher grade after 30 years of service: warrant officers and enlisted members

(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).

Aug. 10, 1956, ch. 1041 70A Stat. 555 Pub. L. 85–861, § 1Sept. 2, 195872 Stat. 1541 Pub. L. 98–525, title V, § 533(c)Oct. 19, 198498 Stat. 2528 Pub. L. 100–180, div. A, title V, § 512(c)Dec. 4, 1987101 Stat. 1090 Pub. L. 115–232, div. A, title VIII, § 806(b)(14)Aug. 13, 2018132 Stat. 1833 Pub. L. 116–283, div. A, title IX, § 923(c)(21)(A)Jan. 1, 2021134 Stat. 3812 Pub. L. 118–31, div. A, title XVII, § 1719A(b)(3)Dec. 22, 2023137 Stat. 664 (, , § 8964; (198A), , ; , , ; , , ; renumbered § 9344, , , ; , , ; , , .)

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.

section 1372 of this titleThe 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 .

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

act Aug. 10, 1956, ch. 1041 70A Stat. 564 Pub. L. 98–94, title X, § 1004(c)(1)Sept. 24, 198397 Stat. 659 Pub. L. 105–85, div. A, title V, § 543(c)Nov. 18, 1997111 Stat. 1744 Pub. L. 106–65, div. A, title V, § 534(c)Oct. 5, 1999113 Stat. 605 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–107, div. A, title V, § 533(c)(1)Dec. 28, 2001115 Stat. 1106 Pub. L. 114–328, div. A, title XII, § 1248(b)(1)Dec. 23, 2016130 Stat. 2525 section 347 of this titleA prior section 9344, , ; , , ; , , ; , , ; , title V, § 532(c)], , , 1654A–110; , (2), , , related to selection of persons from foreign countries to receive instruction at the United States Air Force Academy, prior to repeal by , , . See .

Amendments

Pub. L. 118–312023—Subsec. (b)(2). struck out “Regular” before “Space Force”.

Pub. L. 116–283, § 923(c)(21)(A)(i)2021—Subsec. (a). , inserted “or the Space Force” after “member of the Air Force”.

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

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

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

Pub. L. 115–232 section 8964 of this title2018— renumbered as this section.

Pub. L. 100–1801987— 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.”

Pub. L. 98–5251984— substituted “highest grade” for “highest temporary grade”.

Pub. L. 85–861September 8, 1940July 1, 19461958— struck out “after and before ” after “Secretary of the Air Force”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 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 1987 Amendment

Pub. L. 100–180Dec. 4, 1987Pub. L. 100–180Dec. 4, 1987section 512(f) of Pub. L. 100–180 section 3964 of this titleAmendment by 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 for any period before , see , set out as a note under .