US (United States) Code. Title 10. Subtitle D. Part II. Chapter 867: Retirement for length of service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 26 páginas
publicidad
publicidad

-CITE-

10 USC CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

.

-HEAD-

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-MISC1-

Sec.

8911. Twenty years or more: regular or reserve commissioned

officers.

(8912, 8913. Repealed.)

8914. Twenty to thirty years: enlisted members.

(8915, 8916. Repealed.)

8917. Thirty years or more: regular enlisted members.

8918. Thirty years or more: regular commissioned officers.

(8919. Repealed.)

8920. More than thirty years: permanent professors and the Director

of Admissions of the United States Air Force Academy.

8921. Mandatory retirement: Superintendent of the United States Air

Force Academy.

(8922, 8923. Repealed.)

8924. Forty years or more: Air Force officers.

8925. Computation of years of service: voluntary retirement;

enlisted members.

8926. Computation of years of service: voluntary retirement;

regular and reserve commissioned officers.

(8927, 8928. Repealed.)

8929. Computation of retired pay: law applicable.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 532(a)(4)(E), Oct.

5, 1999, 113 Stat. 604, added item 8921.

1996 - Pub. L. 104-106, div. A, title V, Sec. 509(b)(2), Feb.

10, 1996, 110 Stat. 298, substituted ''permanent professors and the

Director of Admissions'' for ''professors'' in item 8920.

1980 - Pub. L. 96-513, title V, Sec. 504(17), Dec. 12, 1980, 94

Stat. 2917, struck out items 8913 ''Twenty years or more: deferred

officers not recommended for promotion'', 8915 ''Twenty-eight

years: deferred retirement of nurses and medical specialists in

regular grade of major'', 8916 ''Twenty-eight years: promotion-list

lieutenant colonels'', 8919 ''Thirty years or more: regular

commissioned officers; excessive number'', 8921 ''Thirty years or

five years in grade: promotion-list colonels'', 8922 ''Thirty years

or five years in grade: regular brigadier generals'', 8923

''Thirty-five years or five years in grade: regular major

generals'', and 8927 ''Computation of years of service: mandatory

retirement; regular commissioned officers''.

Pub. L. 96-343, Sec. 9(b)(3), Sept. 8, 1980, 94 Stat. 1129,

struck out ''regular'' before ''enlisted members'' in items 8914

and 8925.

1967 - Pub. L. 90-130, Sec. 1(32)(C), Nov. 8, 1967, 81 Stat. 383,

substituted ''Twenty-eight years: deferred retirement of nurses and

medical specialists in regular grade of major'' for ''Twenty-five

years: female majors except those designated under section

8067(a)-(d) or (g)-(i) of this title; male majors designated under

section 8067(e) or (f) of this title'' in item 8915.

1966 - Pub. L. 89-609, Sec. 1(32), Sept. 30, 1966, 80 Stat. 854,

inserted ''; male majors designated under section 8067(e) or (f) of

this title'' in item 8915.

1957 - Pub. L. 85-155, title III, Sec. 301(21), Aug. 21, 1957, 71

Stat. 389, struck out items 8912 and 8928, and substituted

''section 8067(a)-(d) or (g)-(i)'' for ''section 8067'' in item

8915.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 12741 of this title.

-CITE-

10 USC Sec. 8911 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8911. Twenty years or more: regular or reserve commissioned

officers

-STATUTE-

(a) The Secretary of the Air Force may, upon the officer's

request, retire a regular or reserve commissioned officer of the

Air Force who has at least 20 years of service computed under

section 8926 of this title, at least 10 years of which have been

active service as a commissioned officer.

(b) The Secretary of Defense may authorize the Secretary of the

Air Force, during the period beginning on October 1, 1990, and

ending on December 31, 2001, to reduce the requirement under

subsection (a) for at least 10 years of active service as a

commissioned officer to a period (determined by the Secretary of

the Air Force) of not less than eight years.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 549; Pub. L. 101-510, div. A,

title V, Sec. 523(c), Nov. 5, 1990, 104 Stat. 1562; Pub. L.

103-160, div. A, title V, Sec. 561(c), Nov. 30, 1993, 107 Stat.

1667; Pub. L. 105-261, div. A, title V, Sec. 561(e), Oct. 17,

1998, 112 Stat. 2025; Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 571(e)), Oct. 30, 2000, 114 Stat. 1654, 1654A-134.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8911 10:943a. 10:971b July 31, 1935, ch.

(1st 100 words). 422, Sec. 5 (1st

101 words);

restated June 13,

1940, ch. 344, Sec.

3 (1st 45 words),

54 Stat. 380; June

29, 1948, ch. 708,

Sec. 202 (1st 105

words), 62 Stat.

1084; July 16,

1953, ch. 203, 67

Stat. 175.

-------------------------------

The words ''a regular or reserve commissioned officer of the Air

Force'' are substituted for the words ''any officer on the active

list of the * * * Regular Air Force * * * or any officer of the

reserve components of the * * * Air Force of the United States''.

The words ''Philippine Scouts'' are omitted as obsolete. The words

''has at least 20'' are substituted for the words ''shall have

completed not less than twenty''. The words ''upon his request''

are substituted for the words ''upon his own application''. The

words ''service computed under section 8926 of this title'' are

substituted for the words ''active Federal service in the armed

forces of the United States'', since that revised section makes

explicit the service covered.

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-398 substituted ''December 31,

2001'' for ''September 30, 2001''.

1998 - Subsec. (b). Pub. L. 105-261 substituted ''during the

period beginning on October 1, 1990, and ending on September 30,

2001'' for ''during the nine-year period beginning on October 1,

1990''.

1993 - Subsec. (b). Pub. L. 103-160 substituted ''nine-year

period'' for ''five-year period''.

1990 - Pub. L. 101-510 designated existing provisions as subsec.

(a) and added subsec. (b).

TEMPORARY EARLY RETIREMENT AUTHORITY

For provisions authorizing the Secretary of the Air Force, during

the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to

apply this section to a regular or reserve commissioned officer

with at least 15 but less than 20 years of service by substituting

''at least 15 years'' for ''at least 20 years'' in subsec. (a) of

this section, see section 4403 of Pub. L. 102-484, set out as a

note under section 1293 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 631, 632, 637, 638, 638a,

688, 1370, 1406, 8926, 10154, 12646 of this title.

-CITE-

10 USC Sec. 8912 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 8912. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.

21, 1957, 71 Stat. 390)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 549, permitted

Secretary of Air Force, upon officer's request, to retire an Air

Force nurse, or a woman medical specialist, of Regular Air Force,

who has at least 20 years of service computed under former section

8928 of this title.

-CITE-

10 USC Sec. 8913 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 8913. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.

12, 1980, 94 Stat. 2886)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 549; July 12,

1960, Pub. L. 86-616, Sec. 9, 74 Stat. 395; Nov. 2, 1966, Pub. L.

89-718, Sec. 3, 80 Stat. 1115, provided for retirement of deferred

officers not recommended for promotion after twenty years or more

of service, except as provided in section 8301 of Title 5. See

section 627 et seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 8914 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8914. Twenty to thirty years: enlisted members

-STATUTE-

Under regulations to be prescribed by the Secretary of the Air

Force, an enlisted member of the Air Force who has at least 20, but

less than 30, years of service computed under section 8925 of this

title may, upon his request, be retired.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 550; Pub. L. 96-343, Sec.

9(b)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103-337, div. A,

title V, Sec. 515(b), Oct. 5, 1994, 108 Stat. 2753.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8914 10:948 (1st Oct. 6, 1945, ch.

sentence). 10:948a. 393, Sec. 4 (1st

sentence); restated

Aug. 10, 1946, ch.

952, Sec. 6(a) (1st

sentence), 60 Stat.

996.

Aug. 10, 1946, ch.

952, Sec. 7, 60

Stat. 996.

-------------------------------

The words ''now or hereafter'', in 10:948a, are omitted as

surplusage. The words ''computed under section 8925 of this

title'' are substituted for the words ''active Federal service'',

in 10:948, and ''active Federal military service'', in 10:948a,

since that revised section makes explicit the service covered. The

words ''be retired from'' are substituted for the words ''will be

placed on the retired list of'', in 10:948. The words ''completed a

minimum'', in 10:948; and ''the period of'', ''be subject to'',

''period of'', and ''now or after August 10, 1946'', in 10:948a;

are omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337 struck out at end ''A regular enlisted

member then becomes a member of the Air Force Reserve. A member

retired under this section shall perform such active duty as may be

prescribed by law until his service computed under section 8925 of

this title, plus his inactive service as a member of the Air Force

Reserve, equals 30 years.''

1980 - Pub. L. 96-343 struck out ''regular'' before ''enlisted

members'' in section catchline and substituted in text ''an

enlisted member'' for ''a regular enlisted member'', ''A regular

enlisted member'' for ''He'', and ''Air Force Reserve. A member

retired under this section'' for ''Air Force, and''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-343 effective with respect to retired pay

payable for months beginning after Sept. 8, 1980, see section 9(c)

of Pub. L. 96-343, set out as a note under section 3914 of this

title.

TEMPORARY EARLY RETIREMENT AUTHORITY

For provisions authorizing the Secretary of the Air Force, during

the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to

apply this section to an enlisted member with at least 15 but less

than 20 years of service by substituting ''at least 15'' for ''at

least 20'', see section 4403 of Pub. L. 102-484, set out as a note

under section 1293 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 688, 1176, 1402, 1402a,

1406, 1407, 8925, 8963 of this title.

-CITE-

10 USC Sec. 8915, 8916 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 8915, 8916. Repealed. Pub. L. 96-513, title II, Sec. 217(a),

Dec. 12, 1980, 94 Stat. 2886)

-MISC1-

Section 8915, acts Aug. 10, 1956, ch. 1041, 70A Stat. 550; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(18), 71 Stat. 389;

Sept. 30, 1966, Pub. L. 89-609, Sec. 1(31), 80 Stat. 854; Nov. 2,

1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115; Nov. 8, 1967, Pub. L.

90-130, Sec. 1(32)(A), 89 Stat. 382, authorized the Secretary of

the Air Force to defer the retirement of any Air Force nurse or

medical specialist in the regular grade of major until the 30th day

after the officer completes 28 years of service. See section 632

of this title.

Section 8916, acts Aug. 10, 1956, ch. 1041, 70A Stat. 550; Aug.

21, 1957, Pub. L. 85-155, title III, Sec. 301(19), 71 Stat. 389,

provided for retirement of a promotion-list lieutenant colonel,

except as provided by section 8301 of title 5, on the 30th day

after he completes 28 years of service, with authority for the

Secretary of the Air Force to defer retirement in certain cases.

See section 633 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 8917 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8917. Thirty years or more: regular enlisted members

-STATUTE-

A regular enlisted member of the Air Force who has at least 30

years of service computed under section 8925 of this title shall be

retired upon his request.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 550.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8917 10:947 (less Mar. 2, 1907, ch.

proviso). 10:947a 2515, Sec. 1 (1st

(less last 11 35 words), 34 Stat.

words). 1217.

Feb. 14, 1885, ch.

67 (less 43d

through 53d words);

restated Sept. 30,

1890, ch. 1125

(less 43d through

53d words), 26

Stat. 504.

-------------------------------

The word ''regular'' is inserted to conform to an opinion of the

Judge Advocate General of the Army (JAGA 1953/2301, 23 Mar. 1953).

The words ''upon his request'' are substituted for the words ''upon

making application to the President'', in 10:947, and ''by

application to the President'', in 10:947a. The words ''either as a

private or non-commissioned officer, or both'', in 10:947a, are

omitted as surplusage. The words ''shall be retired'' are

substituted for the words ''be placed upon the retired list'', in

10:947, and ''be placed on the retired list heretofore created'',

in 10:947a. The words ''computed under section 8925 of this title''

are inserted for clarity. The 21 words before the proviso and the

proviso of the Act of February 14, 1885, as restated, are not

contained in 10:947a. They are also omitted from the revised

section, since the proviso is executed and the 21 words before the

proviso are omitted as covered by formula E of section 8991 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 8925 of this title.

-CITE-

10 USC Sec. 8918 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8918. Thirty years or more: regular commissioned officers

-STATUTE-

A regular commissioned officer of the Air Force who has at least

30 years of service computed under section 8926 of this title may

be retired upon his request, in the discretion of the President.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 550.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8918 10:943. R.S. 1243; Dec. 16,

1930, ch. 14, Sec.

1 (as applicable to

R.S. 1243), 46

Stat. 1028.

-------------------------------

The word ''commissioned'' is inserted, since the retirement of

warrant officers for length of service is covered by section 1293

of this title. The word ''regular'' is inserted, since 10:943 is

applicable historically only to officers of a regular component.

The words ''and placed on the retired list'' are omitted as

surplusage. The words ''computed under section 8926 of this

title'' are inserted for clarity.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section to approve request of a

regular commissioned officer of Air Force to retire after at least

30 years of service delegated to Secretary of Defense to perform,

without approval, ratification, or other action by President, and

with authority for Secretary to redelegate, see Ex. Ord. No. 12396,

Sec. 1(f), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note

under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 8926 of this title.

-CITE-

10 USC Sec. 8919 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 8919. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.

12, 1980, 94 Stat. 2886)

-MISC1-

Section, act Aug. 10, 1956, ch 1041, 70A Stat. 551, authorized

Secretary of Air Force, when he determined that there were too many

commissioned officers on active list of Regular Air Force in any

grade who have at least 30 years of service, to convene a board of

at least five general officers of the Regular Air Force to make

recommendations for retirement and to retire any officer so

recommended.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 8920 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8920. More than thirty years: permanent professors and the

Director of Admissions of the United States Air Force Academy

-STATUTE-

(a) The Secretary of the Air Force may retire an officer

specified in subsection (b) who has more than 30 years of service

as a commissioned officer.

(b) Subsection (a) applies in the case of the following officers:

(1) Any permanent professor of the United States Air Force

Academy.

(2) The Director of Admissions of the United States Air Force

Academy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 551; Pub. L. 104-106, div. A,

title V, Sec. 509(b)(1), Feb. 10, 1996, 110 Stat. 298.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8920 10:1079a(c) Aug. 7, 1947, ch.

(proviso). 512, Sec. 520(c)

(proviso), 61 Stat.

912.

-------------------------------

The word ''retire'' is substituted for the words ''direct the

retirement of''. The words ''as a commissioned officer'' are

substituted for the word ''commissioned''.

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''permanent professors and the

Director of Admissions'' for ''professors'' in section catchline

and amended text generally. Prior to amendment, text read as

follows: ''The Secretary of the Air Force may retire any permanent

professor of the United States Air Force Academy who has more than

30 years of service as a commissioned officer.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1406 of this title.

-CITE-

10 USC Sec. 8921 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8921. Mandatory retirement: Superintendent of the United

States Air Force Academy

-STATUTE-

Upon the termination of the detail of an officer to the position

of Superintendent of the United States Air Force Academy, the

Secretary of the Air Force shall retire the officer under any

provision of this chapter under which the officer is eligible to

retire.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 532(a)(3)(A), Oct. 5,

1999, 113 Stat. 603.)

-MISC1-

PRIOR PROVISIONS

A prior section 8921, acts Aug. 10, 1956, ch. 1041, 70A Stat.

551; Nov. 2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided

for retirement of a promotion-list colonel, except as provided by

section 8301 of title 5, on 30th day after he completes 30 years of

service or 5th anniversary of date of his appointment in that

regular grade, whichever is later, with authority for Secretary of

Air Force to defer retirement in certain cases, prior to repeal by

Pub. L. 96-513, title II, Sec. 217(a), title VII, Sec. 701, Dec.

12, 1980, 94 Stat. 2886, 2995, effective Sept. 15, 1981.

APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5,

1999

Section not applicable to an officer serving on Oct. 5, 1999, in

the position of Superintendent of the United States Military

Academy, Naval Academy, or Air Force Academy for so long as that

officer continues on and after that date to serve in that position

without a break in service, see section 532(a)(5) of Pub. L.

106-65, set out as a note under section 3921 of this title.

-CITE-

10 USC Sec. 8922, 8923 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 8922, 8923. Repealed. Pub. L. 96-513, title II, Sec. 217(a),

Dec. 12, 1980, 94 Stat. 2886)

-MISC1-

Section 8922, acts Aug. 10, 1956, ch. 1041, 70A Stat. 551; Nov.

2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided for

retirement of a regular grade brigadier general, other than a

professor of the United States Air Force Academy, except as

provided by section 8301 of title 5, on 30th day after he completes

30 years of service or 5th anniversary of date of his appointment

in that regular grade, whichever is later, with authority for

Secretary of Air Force to defer retirement in certain cases. See

section 635 of this title.

Section 8923, acts Aug. 10, 1956, ch. 1041, 70A Stat. 552; Nov.

2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat 1115, provided for

retirement of a regular grade major general, except as provided by

section 8301 of title 5, on 30th day after he completes 35 years of

service or 5th anniversary of his appointment in that regular

grade, whichever is later, with authority for Secretary of Air

Force to defer retirement in certain cases. See section 636 of

this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 8924 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8924. Forty years or more: Air Force officers

-STATUTE-

(a) Except as provided in section 1186 of this title, a

commissioned officer of the Air Force who has at least 40 years of

service computed under section 8926 of this title shall be retired

upon his request.

(b) Any warrant officer of the Air Force who has at least 40

years of service computed under section 8926(a) of this title shall

be retired upon his request.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 552; Pub. L. 96-513, title V,

Sec. 504(18), Dec. 12, 1980, 94 Stat. 2917.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8924(a) 8924(b) 10:942 (as June 30, 1882, ch.

applicable to 254 (last 21 words

commissioned of 3d proviso under

officers). 10:942 ''Pay

(less applicability Department''), 22

to commissioned Stat. 118.

officers).

-------------------------------

In subsection (a), the words ''Except as provided in section 8786

of this title'' 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, Aug. 30, 1898, 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.

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-513 substituted ''section 1186''

for ''section 8786''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 8926 of this title.

-CITE-

10 USC Sec. 8925 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8925. Computation of years of service: voluntary retirement;

enlisted members

-STATUTE-

(a) For the purpose of determining whether an enlisted member of

the Air Force may be retired under section 8914 or 8917 of this

title, his years of service are computed by adding all active

service in the armed forces.

(b) Time required to be made up under section 972(a) of this

title may not be counted in computing years of service under

subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 552; Pub. L. 85-861, Sec.

1(195), Sept. 2, 1958, 72 Stat. 1540; Pub. L. 96-343, Sec. 9(b)(2),

Sept. 8, 1980, 94 Stat. 1129; Pub. L. 99-348, title II, Sec.

204(c), July 1, 1986, 100 Stat. 698; Pub. L. 101-189, div. A,

title VI, Sec. 652(a)(6), Nov. 29, 1989, 103 Stat. 1461; Pub. L.

103-337, div. A, title VI, Sec. 635(c)(1), Oct. 5, 1994, 108 Stat.

2789; Pub. L. 104-106, div. A, title V, Sec. 561(d)(4)(A), Feb.

10, 1996, 110 Stat. 323.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8925(a) 8925(b) 10:947 (proviso). Mar. 2, 1907, ch.

10:958. (No 2515, Sec. 1

source). (proviso), 34 Stat.

1218. Aug. 10,

1946, ch. 952, Sec.

6(b), 60 Stat. 996.

-------------------------------

In subsection (a), the words ''active service'' are substituted

for the word ''service'', in 10:947, and ''active Federal service

performed'', in 10:958, for uniformity. The words ''service

computed under section 8683 of this title'' are inserted, since a

person entitled to count service under that revised section might

cease to be a nurse or woman medical specialist and thereafter

become entitled to retire under one of the revised sections

referred to in subsection (a) of this revised section.

Subsection (b) is inserted because of section 8638 of this title

and in accordance with long standing interpretation of the effect

of 10:629 upon the computation of years of service for retirement.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8925 (No source). (No source).

-------------------------------

The amendment reflects the repeal of section 8638 of this title

and the enactment of a similar provision in section 972 of this

title.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 substituted ''section

972(a)'' for ''section 972''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 635(c)(1)(A), struck

out ''and of computing his retired pay under section 8991 of this

title,'' after ''8917 of this title,''.

Subsec. (c). Pub. L. 103-337, Sec. 635(c)(1)(B), struck out

subsec. (c) which read as follows: ''In determining a member's

years of service under subsection (a) for the purpose of computing

the member's retired pay under section 8991 of this title -

''(1) each full month of service that is in addition to the

number of full years of service creditable to the member shall be

credited as 1/12 of a year; and

''(2) any remaining fractional part of a year shall be

disregarded.''

1989 - Subsec. (a). Pub. L. 101-189 struck out ''and service

computed under section 8683 of this title'' before period at end.

1986 - Subsec. (c). Pub. L. 99-348 added subsec. (c).

1980 - Pub. L. 96-343, Sec. 9(b)(2)(B), struck out ''regular''

before ''enlisted members'' in section catchline.

Subsec. (a). Pub. L. 96-343, Sec. 9(b)(2)(A), substituted ''an

enlisted'' for ''a regular enlisted''.

1958 - Subsec. (b). Pub. L. 85-861 substituted ''section 972 of

this title'' for ''section 8638 of this title''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective Feb. 10, 1996, and

applicable to any period of time covered by section 972 of this

title that occurs after that date, see section 561(e) of Pub. L.

104-106, set out as a note under section 972 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable to computation of retired

pay of any enlisted member who retires on or after Oct. 5, 1994, to

computation of retainer pay of any enlisted member who is

transferred to Fleet Reserve or Fleet Marine Corps Reserve on or

after Oct. 5, 1994, and to recomputation of retired pay of any

enlisted member who is advanced on retired list on or after Oct. 5,

1994, see section 635(e) of Pub. L. 103-337, set out as a note

under section 1405 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-343 effective with respect to retired pay

payable for months beginning after Sept. 8, 1980, see section 9(c)

of Pub. L. 96-343, set out as a note under section 3914 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8914, 8917 of this title.

-CITE-

10 USC Sec. 8926 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8926. Computation of years of service: voluntary retirement;

regular and reserve commissioned officers

-STATUTE-

(a) For the purpose of determining whether an officer of the Air

Force may be retired under section 8911, 8918, or 8924 of this

title, his years of service are computed by adding -

(1) all active service performed as a member of the Army or the

Air Force; and

(2) all service in the Navy or Marine Corps that may be

included in determining the eligibility of an officer of the Navy

or Marine Corps for retirement.

(b) For the purpose of determining whether a medical officer of

the Regular Air Force may be retired under section 8911, 8918, or

8924 of this title, his years of service are computed by adding to

his service under subsection (a) all service performed as a

contract surgeon, acting assistant surgeon, or contract physician,

under a contract to serve full time and to take and change station

as ordered.

(c) For the purpose of determining whether a dental officer of

the Regular Air Force may be retired under section 8911, 8918, or

8924 of this title, his years of service are computed by adding to

his service under subsection (a) all service as a contract dental

surgeon or acting dental surgeon.

(d) Section 972(b) of this title excludes from computation of an

officer's years of service for purposes of this section any time

identified with respect to that officer under that section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 552; Pub. L. 86-197, Sec. 1(8),

Aug. 25, 1959, 73 Stat. 426; Pub. L. 101-189, div. A, title VI,

Sec. 652(a)(7), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104-106,

div. A, title V, Sec. 561(d)(4)(B), Feb. 10, 1996, 110 Stat. 323.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8926(a) 10:951 (less June 3, 1916, ch.

8926(b) 8926(c) applicability to 134, Sec. 127a (6th

10:166g(a)). par., less 1st 13

10:951a. 10:951b words, and less

(less applicability applicability to

to 10:166g(a)). Sec. 108(a) of the

(Uncodified June Act of Apr. 16,

18, 1878, ch. 263, 1949, ch. 38, as

Sec. 7 (less amended); added

applicability to June 4, 1920, ch.

10:166g(a)), 20 227, subch. I, Sec.

Stat. 150.) 10:953a 51 (6th par., less

(1st sentence). 1st 13 words, and

10:953a (less 1st less applicability

sentence). to Sec. 108(a) of

the Act of Apr. 16,

1949, ch. 38, as

amended), 41 Stat.

785.

May 23, 1928, ch.

716, 45 Stat. 720.

June 15, 1935, ch.

257 (less

applicability to

Sec. 108(a) of the

Act of Apr. 16,

1949, ch. 38, as

amended), 49 Stat.

377.

June 18, 1878, ch.

263, Sec. 7 (less

applicability to

Sec. 108(a) of the

Act of Apr. 16,

1949, ch. 38, as

amended), 20 Stat.

150.

May 29, 1928, ch.

902, 45 Stat. 996;

Jan. 29, 1938, ch.

12, Sec. 2, 52

Stat. 8.

-------------------------------

Subsection (a) consolidates the various service computation

provisions applicable to voluntary retirement of commissioned

officers. Clause (1) is substituted for 10:951. Clause (2) is

substituted for 10:951b. The words ''pay period and'', in 10:951a,

are omitted as superseded by section 202 of the Career Compensation

Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words ''longevity

pay and'', in section 7 of the Act of June 18, 1878, ch. 263, 20

Stat. 150, are omitted for the same reason. The last sentence of

section 7 of that act is omitted, since the distinction between

limited and unlimited retired lists was abolished by section 201 of

the Act of June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is

inserted, since a person entitled to count service under section

8683 of this title might cease to be a nurse or woman medical

specialist and thereafter become entitled to retire under one of

the revised sections referred to in subsection (a) of this revised

section.

In subsection (b), the words ''as a member of the Medical Reserve

Corps'', in 10:953a, are omitted as covered by subsection (a)(1).

The words ''are computed by adding to his service under subsection

(a)'' are substituted for the words ''shall be credited to the same

extent as service under a Regular Army commission''.

Subsection (c) is substituted for 10:953a (less 1st sentence).

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-106 added subsec. (d).

1989 - Subsec. (a)(1). Pub. L. 101-189, Sec. 652(a)(7)(A)(i),

inserted ''and'' after semicolon at end.

Subsec. (a)(2). Pub. L. 101-189, Sec. 652(a)(7)(A)(ii),

substituted period for semicolon at end.

Subsec. (a)(3), (4). Pub. L. 101-189, Sec. 652(a)(7)(A)(iii),

struck out pars. (3) and (4) which read as follows:

''(3) all service computed under section 8683 of this title; and

''(4) if an officer of the Regular Air Force, all active service

performed as an officer of the Philippine Constabulary.''

Subsec. (d). Pub. L. 101-189, Sec. 652(a)(7)(B), struck out

subsec. (d) which read as follows: ''For the purpose of determining

whether an Air Force nurse or medical specialist may be retired

under section 8911 of this title, all service computed under

section 8683 of this title, shall be treated as if it was service

as a commissioned officer.''

1959 - Subsec. (d). Pub. L. 86-197 added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective Feb. 10, 1996, and

applicable to any period of time covered by section 972 of this

title that occurs after that date, see section 561(e) of Pub. L.

104-106, set out as a note under section 972 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8911, 8918, 8924, 8928 of

this title.

-CITE-

10 USC Sec. 8927 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 8927. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.

12, 1980, 94 Stat. 2886)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 553; Aug. 21,

1957, Pub. L. 85-155, title III, Sec. 301(20), 71 Stat. 389; May

20, 1958, Pub. L. 85-422, Sec. 11(a)(8), 72 Stat. 131; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(196), 72 Stat. 1540; Sept. 30, 1966,

Pub. L. 89-609, Sec. 1(33), 80 Stat. 854, related to computation of

years of service for determining whether a regular commissioned

officer should be retired under section 8913, 8915, 8916, 8919,

8921, 8922, or 8923 of this title and for determining retired pay

of officers of Regular Air Force retired under section 8913, 8915,

8916, 8919, 8921, 8922, or 8923 of this title. See section 1405 of

this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 8928 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 8928. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.

21, 1957, 71 Stat. 390)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 554, related to

computation of years of service of Air Force Nurses or women

medical specialists for purposes of retirement under former section

8912 of this title, or retirement pay under section 8991 of this

title.

-CITE-

10 USC Sec. 8929 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 867 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 8929. Computation of retired pay: law applicable

-STATUTE-

A member of the Air Force retired under this chapter is entitled

to retired pay computed under chapter 871 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 554.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8929 (No source). (No source).

-------------------------------

The revised section is based on the various retirement provisions

in this chapter and is inserted to make explicit the entitlement to

retired pay upon retirement.

-CITE-