-CITE-

10 USC CHAPTER 869 - RETIRED GRADE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 869 - RETIRED GRADE

.

-HEAD-

CHAPTER 869 - RETIRED GRADE

-MISC1-

Sec.

8961. General rule.

8962. Higher grade for service in special positions.

8963. Highest grade held satisfactorily: Reserve enlisted members

reduced in grade not as a result of the member's misconduct.

8964. Higher grade after 30 years of service: warrant officers and

enlisted members.

8965. Restoration to former grade: retired warrant officers and

enlisted members.

8966. Retired lists.

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title V, Sec. 532(c)(2), Sept.

23, 1996, 110 Stat. 2520, added item 8963.

1988 - Pub. L. 100-456, div. A, title XII, Sec. 1233(i)(2)(B),

Sept. 29, 1988, 102 Stat. 2058, substituted ''retired'' for

''Regular Air Force'' in item 8965.

1987 - Pub. L. 100-180, div. A, title V, Sec. 512(e)(3), Dec. 4,

1987, 101 Stat. 1091, substituted ''warrant officers and enlisted

members'' for ''Air Force warrant officers; regular enlisted

members'' in item 8964.

1985 - Pub. L. 99-145, title XIII, Sec. 1301(d)(2)(B), Nov. 8,

1985, 99 Stat. 736, struck out item 8963 ''Higher grade for service

during certain periods: regular and reserve commissioned

officers''.

1980 - Pub. L. 96-343, Sec. 13(b)(3), Sept. 8, 1980, 94 Stat.

1131, substituted ''positions'' for ''positions: regular

commissioned officers'' in item 8962.

-CITE-

10 USC Sec. 8961 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 869 - RETIRED GRADE

-HEAD-

Sec. 8961. General rule

-STATUTE-

(a) The retired grade of a regular commissioned officer of the

Air Force who retires other than for physical disability, and the

retired grade of a reserve commissioned officer of the Air Force

who retires other than for physical disability, is determined under

section 1370 of this title.

(b) Unless entitled to a higher retired grade under some other

provision of law, a Regular or Reserve of the Air Force not covered

by subsection (a) who retires other than for physical disability

retires in the regular or reserve grade that he holds on the date

of his retirement.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 554; Pub. L. 96-513, title V,

Sec. 504(19), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 103-337, div.

A, title XVI, Sec. 1674(c)(2), Oct. 5, 1994, 108 Stat. 3016; Pub.

L. 106-398, Sec. 1 ((div. A), title V, Sec. 506(b)), Oct. 30, 2000,

114 Stat. 1654, 1654A-102.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

8961 10:941a(a)(3) (31st Aug. 7, 1947, ch.

through 42d words; 512, Sec. 514(a)(3)

and proviso, as (31st through 42d

applicable to words; and proviso,

retired grade). as applicable to

10:941a(e) (17th retired grade),

through 25th words 514(e) (17th

of clause (1); and through 25th words

1st proviso of of clause (1); and

clause (1), as 1st proviso of

applicable to clause (1), as

retired grade). applicable to

10:947a (last 11 retired grade), 61

words). Stat. 902, 905.

10:1025. Feb. 14, 1885, ch.

67 (43d through 53d

words); restated

Sept. 30, 1890, ch.

1125 (43d through

53d words), 26

Stat. 504.

R.S. 1254.

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

The applicability of the rule stated in the revised section to

situations not expressly covered by the laws named in the source

credits above is necessarily implied from laws providing for

retirement in higher grade in those situations.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398 struck out ''or for

nonregular service under chapter 1223 of this title'' before '', is

determined''.

1994 - Subsec. (a). Pub. L. 103-337 substituted ''chapter 1223''

for ''chapter 67''.

1980 - Pub. L. 96-513 added subsec. (a), designated existing

provisions as subsec. (b), and inserted ''not covered by subsection

(a)'' after ''a Regular or Reserve of the Air Force''.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-398 applicable to Reserve commissioned

officers who are promoted to a higher grade as a result of

selection for promotion by a board convened under chapter 36 or

1403 of this title, or having been found qualified for Federal

recognition in a higher grade under chapter 3 of Title 32, National

Guard, after Oct. 1, 1996, see section 1 ((div. A), title V, Sec.

506(c)) of Pub. L. 106-398, set out as a note under section 3961 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 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.

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.

-CITE-

10 USC Sec. 8962 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 869 - RETIRED GRADE

-HEAD-

Sec. 8962. Higher grade for service in special positions

-STATUTE-

Upon retirement, any permanent professor of the United States Air

Force Academy whose grade is below brigadier general, and whose

service as such a professor has been long and distinguished, may,

in the discretion of the President, be retired in the grade of

brigadier general.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 554; Pub. L. 85-861, Sec.

1(197), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 89-288, Sec. 6, Oct.

22, 1965, 79 Stat. 1050; Pub. L. 96-343, Sec. 13(b)(1), (2), Sept.

8, 1980, 94 Stat. 1131; Pub. L. 96-513, title V, Sec. 504(20), Dec.

12, 1980, 94 Stat. 2917; Pub. L. 104-106, div. A, title V, Sec.

502(c), (d)(1), Feb. 10, 1996, 110 Stat. 293.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

8962(a) 8962(b) 10:506b(d) (less 1st Aug. 7, 1947, ch.

8962(c) and last provisos). 512, Sec. 504(d)

5:627b(h) (1st 42 (less 1st and last

words of 3d provisos), 520(b)

proviso). (less proviso), 61

10:1079a(b) (less Stat. 888, 912.

proviso). June 12, 1948, ch.

449, Sec. 303(h)

(1st 42 words of 3d

proviso), 62 Stat.

372.

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

In subsection (a), the words ''who has served (1) as Chief of

Staff to the President, (2) as Chief of Staff of the Air Force, (3)

as a senior member of the Military Staff Committee of the United

Nations, or (4) in a position of importance and responsibility

designated by the President to carry the grade of general or

lieutenant general under section 8066 of this title'' are

substituted for the words ''while serving in accordance with the

provisions of subsection (b) or (c) of this section''.

In subsection (b), the words ''in that grade'' are substituted

for the words ''in such higher temporary grade''. The words

''under section 8071 of this title'' are inserted for clarity.

In subsection (c), the words ''Upon retirement'' are substituted

for the words ''When * * * is retired''. The word ''allowances''

is omitted, since retired officers are not entitled to allowances.

The words ''grade is below brigadier general'' are inserted, since

any permanent professor who has the grade of brigadier general

retires in that grade under section 9335 of this title.

1958 Act

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

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

Large)

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

8962 (No source). (No source).

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

The amendment reflects section 1 of the Act of May 31, 1956, ch.

348 (70 Stat. 222), which in effect amended section 8963 of this

title to cover regular and reserve officers covered by section

8962(b). As to temporary officers, section 8962(b) is obsolete.

(See opinion of the Judge Advocate General of the Air Force, May 2,

1957.)

AMENDMENTS

1996 - Pub. L. 104-106 designated subsec. (b) as entire section

and struck out subsec. (a) which read as follows: ''Upon

retirement, a commissioned officer of the Air Force who has served

(1) as Chief of Staff to the President, (2) as Chief of Staff of

the Air Force, (3) as a senior member of the Military Staff

Committee of the United Nations, or (4) as Surgeon General of the

Air Force in the grade of lieutenant general may, in the discretion

of the President, be retired, by and with the advice and consent of

the Senate, in the highest grade in which he served on active

duty.''

1980 - Pub. L. 96-343, Sec. 13(b)(2), substituted ''positions''

for ''positions: regular commissioned officers'' in section

catchline.

Subsec. (a). Pub. L. 96-513 substituted ''or (4)'' for ''(4) in a

position of importance and responsibility designated by the

President to carry the grade of general or lieutenant general under

section 8066 of this title, or (5)''.

Pub. L. 96-343, Sec. 13(b)(1), substituted ''Air Force who has''

for ''Regular Air Force who has'' and ''in which he served on

active duty'' for ''held by him at any time on the active list''.

1965 - Subsec. (a). Pub. L. 89-288 added the Surgeon General of

the Air Force to the list of commissioned officers who may, in the

discretion of the President, be retired, by and with the advice and

consent of the Senate, in the highest grade held by him at any time

on the active list.

1958 - Subsecs. (b), (c). Pub. L. 85-861 redesignated subsec. (c)

as (b), and struck out former subsec. (b) which related to

retirement grade of a woman Air Force officer who served at least

two and one-half years on active duty in the temporary grade of

colonel in the Air Force under section 8071 of this title.

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.

APPOINTMENT BY PRESIDENT OF RETIRED COMMISSIONED OFFICER OF RESERVE

COMPONENT TO HIGHER RETIRED GRADE; RECALCULATION OF PAY

For authority of the President to appoint a retired commissioned

officer of a reserve component to a higher retired grade and for

recalculation of pay, see section 13(c) of Pub. L. 96-343, set out

as a note under section 3962 of this title.

RETIRED GRADE FOR CERTAIN GENERAL OFFICERS

Extension of privilege granted by subsec. (a) of this section, to

officers, heretofore or hereafter retired, who served in the grade

of general or lieutenant general after Dec. 7, 1941, and before

July 1, 1946, see section 38 of act Aug. 10, 1956, set out as a

note under section 3962 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 8963 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 869 - RETIRED GRADE

-HEAD-

Sec. 8963. Highest grade held satisfactorily: Reserve enlisted

members reduced in grade not as a result of the member's

misconduct

-STATUTE-

(a) A Reserve enlisted member of the Air Force described in

subsection (b) who is retired under section 8914 of this title

shall be retired in the highest enlisted grade in which the member

served on active duty satisfactorily (or, in the case of a member

of the National Guard, in which the member served on full-time

National Guard duty satisfactorily), as determined by the Secretary

of the Air Force.

(b) This section applies to a Reserve enlisted member who -

(1) at the time of retirement is serving on active duty (or, in

the case of a member of the National Guard, on full-time National

Guard duty) in a grade lower than the highest enlisted grade held

by the member while on active duty (or full-time National Guard

duty); and

(2) was previously administratively reduced in grade not as a

result of the member's own misconduct, as determined by the

Secretary of the Air Force.

(c) This section applies with respect to Reserve enlisted members

who are retired under section 8914 of this title after September

30, 1996.

-SOURCE-

(Added Pub. L. 104-201, div. A, title V, Sec. 532(c)(1), Sept. 23,

1996, 110 Stat. 2519.)

-MISC1-

PRIOR PROVISIONS

A prior section 8963, acts Aug. 10, 1956, ch. 1041, 70A Stat.

555; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(156), (198), 72 Stat.

1513, 1541; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 504(21),

94 Stat. 2917, related to higher grade for service during certain

periods for regular and reserve commissioned officers, prior to

repeal by Pub. L. 99-145, title XIII, Sec. 1301(d)(2)(A), (C), Nov.

8, 1985, 99 Stat. 736, with such repeal not applicable in the case

of an Air Force nurse or medical specialist described in section

8963 of this title, as such section was in effect on the day before

Nov. 8, 1985.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8991 of this title.

-CITE-

10 USC Sec. 8964 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 869 - RETIRED GRADE

-HEAD-

Sec. 8964. Higher grade after 30 years of service: warrant officers

and enlisted members

-STATUTE-

(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; and

(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).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 555; Pub. L. 85-861, Sec.

1(198A), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 98-525, title V,

Sec. 533(c), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 100-180, div.

A, title V, Sec. 512(c), Dec. 4, 1987, 101 Stat. 1090.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

8964 10:594 (1st proviso, Aug. 21, 1941, ch.

less last 39 words; 384, Sec. 5 (1st

and last proviso). proviso, less last

10:1004 (less 30 39 words; and last

words before proviso); restated

proviso). June 29, 1948, ch.

708, Sec. 203 (c)

(1st proviso, less

last 39 words; and

last proviso), 62

Stat. 1085; May 29,

1954, ch. 249, Sec.

19(f), 68 Stat.

167.

June 29, 1948, ch.

708, Sec. 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.

1958 Act

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

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

Large)

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

8964 10 App.:1004. May 31, 1956, ch.

348, Sec. 1, 70

Stat. 222.

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

AMENDMENTS

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 September 8, 1940 and

before July 1, 1946'' after ''Secretary of the Air Force''.

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 Dec. 4, 1987, and no person to be paid retired pay at

higher rate by reason of enactment of Pub. L. 100-180 for any

period before Dec. 4, 1987, see section 512(f) of Pub. L. 100-180,

set out as a note under section 3964 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8965, 8992 of this title.

-CITE-

10 USC Sec. 8965 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 869 - RETIRED GRADE

-HEAD-

Sec. 8965. Restoration to former grade: retired warrant officers

and enlisted members

-STATUTE-

Each retired warrant officer or enlisted member of the Air Force

who has been advanced on the retired list to a higher commissioned

grade under section 8964 of this title, and who applies to the

Secretary of the Air Force within three months after his

advancement, shall, if the Secretary approves, be restored on the

retired list to his former warrant-officer or enlisted status, as

the case may be.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 555; Pub. L. 100-180, div. A,

title V, Sec. 512(d)(3), Dec. 4, 1987, 101 Stat. 1090; Pub. L.

100-456, div. A, title XII, Sec. 1233(i)(2)(A), Sept. 29, 1988,

102 Stat. 2058.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

8965 10:1006. June 29, 1948, ch.

708, Sec. 204, 62

Stat. 1086.

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

The words ''hereafter'', ''rank or'', and ''shall thereafter be

deemed to be enlisted or warrant officer personnel, as appropriate,

for all purposes'' are omitted as surplusage. The words ''three

months from June 29, 1948'' and ''whichever is later'' are omitted

as executed.

AMENDMENTS

1988 - Pub. L. 100-456 substituted ''retired'' for ''Regular Air

Force'' in section catchline.

1987 - Pub. L. 100-180 struck out ''Regular'' before ''Air Force

who''.

-CITE-

10 USC Sec. 8966 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 869 - RETIRED GRADE

-HEAD-

Sec. 8966. Retired lists

-STATUTE-

(a) The Secretary of the Air Force shall maintain a retired list

containing the name of each retired commissioned officer of the

Regular Air Force.

(b) The Secretary shall maintain a retired list containing the

name of -

(1) each person entitled to retired pay under any law providing

retired pay for commissioned officers of the Air Force, other

than of the Regular Air Force; and

(2) each retired warrant officer or enlisted member of the Air

Force who is advanced to a commissioned grade.

(c) The Secretary shall maintain a retired list containing the

name of each retired warrant officer of the Air Force.

(d) The Secretary shall maintain a retired list containing the

name of each retired enlisted member of the Regular Air Force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 556; Pub. L. 85-861, Sec.

1(199), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 100-180, div. A,

title V, Sec. 512(d)(3), Dec. 4, 1987, 101 Stat. 1090.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

8966(a) 8966(b) 10:1001. 10:1036. June 29, 1948, ch.

8966(c) (No source). 708, Sec. 201,

301(a), 62 Stat.

1084, 1087.

8966(d) (No source).

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

In subsections (a), (b), and (d), the word ''maintain'' is

substituted for the word ''establish'', and in subsection (c) the

word ''maintain'' is substituted for the word ''established'',

since the lists have been established and are published annually.

In subsection (a), the words ''Effective upon June 29, 1948'' are

omitted as executed. 10:1001 (last 12 words of 1st sentence, and

last sentence) is omitted as no longer required, since, upon

enactment of this title, laws referring to the limited or unlimited

retired list will be expressly repealed.

In subsection (b), the word ''shall'' is substituted for the word

''may'', since 10:1036 further requires that such a list be

published annually in the Register. The requirement as to

publication necessarily implies that the list must be maintained.

Subsection (b)(1) is substituted for the words ''all commissioned

officers and former commissioned officers * * * or the Air Force of

the United States, as the case may be * * * or the Regular Air

Force, heretofore or hereafter granted retirement pay under

sections 456, 456a, and 1036a of this title, or any law hereafter

enacted to provide retirement pay for commissioned officers * * *

or the Regular Air Force''.

In subsection (b)(2), the words ''who is advanced to a

commissioned grade'' are substituted for the words ''heretofore or

hereafter retired under any provision of law who, by reason of

service in temporary commissioned grades * * * or the Air Force of

the United States, or in any of the respective components thereof,

are entitled to be retired with commissioned rank or grade''.

Subsections (c) and (d) are inserted, since sections 8964 and

8965 of this title refer to service on the retired list as a

warrant officer or enlisted member.

1958 Act

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

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

Large)

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

8966(a) 8966(b) 10 App.:1001. 10 July 24, 1956, ch.

App.:1036. 677, Sec. 2(f),

(g), 70 Stat. 623.

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

AMENDMENTS

1987 - Subsec. (b)(2). Pub. L. 100-180 struck out ''Regular''

before ''Air Force''.

1958 - Pub. L. 85-861 struck out provisions in subsecs. (a) and

(b) which required annual publication in official Air Force

Register of the retired list.

-CITE-