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10 USC CHAPTER 841 - ACTIVE DUTY 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 841 - ACTIVE DUTY

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CHAPTER 841 - ACTIVE DUTY

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Sec.

8491. Non-regular officers: status.

(8492 to 8502. Repealed.)

8503. Retired commissioned officers: status.

(8504. Repealed.)

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1674(b)(4), Oct.

5, 1994, 108 Stat. 3016, struck out items 8495 ''Air National Guard

of United States: status'', 8496 ''Air National Guard of United

States: commissioned officers; duty in National Guard Bureau'',

8497 ''Air National Guard of United States: members; status in

which ordered into Federal service'', 8498 ''Air National Guard of

United States: mobilization; maintenance of organization'', 8499

''Air National Guard in Federal service: status'', 8500 ''Air

National Guard in Federal service: call'', 8501 ''Air National

Guard in Federal service: period of service; apportionment'', and

8502 ''Air National Guard in Federal service: physical

examination''.

1980 - Pub. L. 96-513, title V, Sec. 504(13), Dec. 12, 1980, 94

Stat. 2917, struck out items 8494 ''Commissioned officers: grade in

which ordered to active duty'' and 8504 ''Retired commissioned

officers: status''.

1968 - Pub. L. 90-235, Sec. 1(a)(4), Jan. 2, 1968, 81 Stat. 753,

struck out item 8492 ''Members: service extension during war''.

1967 - Pub. L. 90-130, Sec. 1(29)(B), Nov. 8, 1967, 81 Stat. 382,

struck out '': limitations; grade'' after ''Retired members'' in

item 8504.

1958 - Pub. L. 85-861, Sec. 1(181)(B), Sept. 2, 1958, 72 Stat.

1533, added item 8494.

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10 USC Sec. 8491 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 841 - ACTIVE DUTY

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Sec. 8491. Non-regular officers: status

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A commissioned officer of the Air Force, other than of the

Regular Air Force, who is on active duty in any commissioned grade

has the rights and privileges, and is entitled to the benefits,

provided by law for a commissioned officer of the Air Force Reserve

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(1) whose reserve grade is that in which the officer not of the

Regular Air Force is serving;

(2) who has the same length of service as the officer not of

the Regular Air Force; and

(3) who is on active duty in his reserve grade.

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(Aug. 10, 1956, ch. 1041, 70A Stat. 524.)

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Historical and Revision Notes

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

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8491 10:506d(h). Aug. 7, 1947, ch.

512, Sec. 515(h),

61 Stat. 908.

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The first 12 words are substituted for 10:506d(h) (1st 11

words). The words ''has the rights and privileges, and is entitled

to the benefits'' are substituted for the words ''shall be entitled

* * * to the same rights, privileges, and benefits''. Clause (1)

is substituted for the words ''in a grade the same as such

'active-duty grade' ''. The words ''as the officer not of the

Regular Air Force'' are substituted for the words ''holding

appointment in the Army Reserve''. The words ''his reserve grade''

are substituted for the words ''the grade held in the Army''.

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10 USC Sec. 8492 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 841 - ACTIVE DUTY

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(Sec. 8492. Repealed. Pub. L. 90-235, Sec. 1(a)(2), Jan. 2, 1968,

81 Stat. 753)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, provided for

extension of active service of Air Force members during war. See

section 671a of this title.

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10 USC Sec. 8494 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 841 - ACTIVE DUTY

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(Sec. 8494. Repealed. Pub. L. 96-513, title II, Sec. 209(a), Dec.

12, 1980, 94 Stat. 2884)

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Section, added Pub. L. 85-861, Sec. 1(181)(A), Sept. 2, 1958, 72

Stat. 1532; amended Pub. L. 86-559, Sec. 1(63), June 30, 1960, 74

Stat. 278, provided that a reserve commissioned officer who is

ordered to active duty be ordered to that duty in his reserve grade

unless the Secretary of the Air Force orders him to active duty,

other than for training, in a higher temporary grade and authorized

a reserve commissioned officer who is selected for participation in

a program under which he will be ordered to active duty for at

least one academic year at a civilian school or college to be

ordered, upon his request, to that duty in a temporary grade that

is lower than his reserve grade, without affecting his reserve

grade. See section 12320 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.

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10 USC Sec. 8495 to 8502 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 841 - ACTIVE DUTY

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(Sec. 8495 to 8502. Repealed. Pub. L. 103-337, div. A, title XVI,

Sec. 1662(f)(2), Oct. 5, 1994, 108 Stat. 2994)

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Section 8495, act Aug. 10, 1956, ch. 1041, 70A Stat. 524,

provided that members of Air National Guard of United States were

not in active Federal service except when ordered thereto under

law. See section 12401 of this title.

Section 8496, act Aug. 10, 1956, ch. 1041, 70A Stat. 524,

authorized President to order commissioned officers of Air National

Guard of United States to active duty in National Guard Bureau. See

section 12402(a), (b)(2) of this title.

Section 8497, act Aug. 10, 1956, ch. 1041, 70A Stat. 525,

provided that members of Air National Guard of United States

ordered to active duty were to be ordered to duty as Reserves of

Air Force. See section 12403 of this title.

Section 8498, act Aug. 10, 1956, ch. 1041, 70A Stat. 525, related

to organization during initial mobilization of units of Air

National Guard of United States ordered into active Federal

service. See section 12404 of this title.

Section 8499, act Aug. 10, 1956, ch. 1041, 70A Stat. 525, related

to application of laws governing Air Force to members of Air

National Guard called into Federal service. See section 12405 of

this title.

Section 8500, acts Aug. 10, 1956, ch. 1041, 70A Stat. 525; Sept.

29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), 102

Stat. 2059, authorized President to call Air National Guard units

and members into Federal service. See section 12406 of this title.

Section 8501, acts Aug. 10, 1956, ch. 1041, 70A Stat. 525; Sept.

29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), 102

Stat. 2059, related to period of service and apportionment of

members and units of Air National Guard called into Federal

service. See section 12407 of this title.

Section 8502, act Aug. 10, 1956, ch. 1041, 70A Stat. 526, related

to physical examinations of members of Air National Guard called

into or mustered out of Federal service. See section 12408 of this

title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

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10 USC Sec. 8503 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 841 - ACTIVE DUTY

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Sec. 8503. Retired commissioned officers: status

-STATUTE-

A retired commissioned officer of the Air Force who is on active

duty is considered, for all purposes except promotion, to be an

officer of the organization to which he is assigned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 526.)

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Historical and Revision Notes

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

Large)

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8503 10:999. July 9, 1918, ch.

143, subch. XX (2d

par.), 40 Stat.

893.

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The words ''and shall be an extra number therein'' are omitted,

since, in the opinion of the Judge Advocate General of the Army

(JAG 210.85, Feb. 21, 1923), they were repealed by the Act of July

31, 1935, ch. 422, 49 Stat. 505. The words ''in the discretion of

the President, employed * * * assigned to duty'' are omitted as

surplusage. The words ''arms, corps, department'' are omitted,

since the Air Force does not have organic corps created by statute.

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10 USC Sec. 8504 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 841 - ACTIVE DUTY

-HEAD-

(Sec. 8504. Repealed. Pub. L. 96-513, title II, Sec. 210, Dec. 12,

1980, 94 Stat. 2884)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 526; Nov. 8,

1967, Pub. L. 90-130, Sec. 1(29), 81 Stat. 382, authorized

President to order any retired member of Regular Air Force to

active duty and assign him duties considered necessary in interests

of national defense. See section 688 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.

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