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10 USC CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

.

-HEAD-

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-MISC1-

Sec.

8681. Presentation of United States flag upon retirement.

(8682, 8683. Repealed.)

8684. Service credit: regular enlisted members; service as an

officer to be counted as enlisted service.

(8685 to 8690. Repealed.)

8691. Flying officer rating: qualifications.

(8692, 8693. Repealed.)

AMENDMENTS

1998 - Pub. L. 105-261, div. A, title VI, Sec. 644(c)(2), Oct.

17, 1998, 112 Stat. 2049, added item 8681.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1674(b)(6), Oct.

5, 1994, 108 Stat. 3016, struck out item 8686 ''Members of Air

National Guard of United States: credit for service as members of

Air National Guard''.

1986 - Pub. L. 99-661, div. A, title VI, Sec. 604(f)(1)(B)(iv),

Nov. 14, 1986, 100 Stat. 3877, struck out item 8687 ''Compensation:

members of Air Force other than of regular Air Force; when same as

that provided for members of Regular Air Force''.

1985 - Pub. L. 99-145, title XIII, Sec. 1301(d)(1)(B), Nov. 8,

1985, 99 Stat. 736, struck out item 8683 ''Service credit: certain

service as a nurse, woman medical specialist, or civilian employee

of Army Medical Department to be counted''.

1980 - Pub. L. 96-513, title V, Sec. 514(5), Dec. 12, 1980, 94

Stat. 2935, struck out item 8689 ''Assignments and allotments of

pay''.

1971 - Pub. L. 92-168, Sec. 3(2), Nov. 24, 1971, 85 Stat. 489,

struck out item 8692 ''Pilot rating in time of peace:

qualifications''.

1968 - Pub. L. 90-235, Sec. 6(a)(5), 7(a)(6), (b)(6), Jan. 2,

1968, 81 Stat. 762, 763, struck out items 8682 ''Service credit:

officers; service as cadet not counted'', 8685 ''Regular Air Force;

Air Force Reserve: female members; definition of 'dependents' '',

8690 ''Exemption from arrest for debt: enlisted members'', and 8693

''Replacement of certificates of discharge''.

1958 - Pub. L. 85-861, Sec. 1(189), Sept. 2, 1958, 72 Stat. 1534,

struck out items 8681 ''Air Force Register: Regular Air Force

officers; service to be listed'' and 8688 ''Death gratuity''.

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10 USC Sec. 8681 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 8681. Presentation of United States flag upon retirement

-STATUTE-

(a) Presentation of Flag. - Upon the release of a member of the

Air Force from active duty for retirement, the Secretary of the Air

Force shall present a United States flag to the member.

(b) Multiple Presentations Not Authorized. - A member is not

eligible for a presentation of a flag under subsection (a) if the

member has previously been presented a flag under this section or

any other provision of law providing for the presentation of a

United States flag incident to release from active service for

retirement.

(c) No Cost to Recipient. - The presentation of a flag under this

section shall be at no cost to the recipient.

-SOURCE-

(Added Pub. L. 105-261, div. A, title VI, Sec. 644(c)(1), Oct. 17,

1998, 112 Stat. 2049; amended Pub. L. 106-65, div. A, title VI,

Sec. 652(e), Oct. 5, 1999, 113 Stat. 666.)

-MISC1-

PRIOR PROVISIONS

A prior section 8681, act Aug. 10, 1956, ch. 1041, 70A Stat. 534,

prescribed service to be listed in official Air Force Register,

prior to repeal by Pub. L. 85-861, Sec. 36B(28), Sept. 2, 1958, 72

Stat. 1571.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted ''under this

section or any other provision of law providing for the

presentation of a United States flag incident to release from

active service for retirement.'' for ''under this section or

section 3681 or 6141 of this title or section 516 of title 14.''

EFFECTIVE DATE

Section applicable with respect to releases from active duty

described in this section, sections 3681 and 6141 of this title,

and section 516 of Title 14, Coast Guard, on or after Oct. 1, 1998,

see section 644(e) of Pub. L. 105-261, set out as a note under

section 3681 of this title.

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10 USC Sec. 8682 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 8682. Repealed. Pub. L. 90-235, Sec. 6(a)(2), Jan. 2, 1968,

81 Stat. 761)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 535, provided

that in computing length of service, no commissioned officer of Air

Force could be credited with service as a cadet at the Military

Academy or the Air Force Academy, or as a midshipman at the Naval

Academy, if he was appointed as a cadet or midshipman after Aug.

24, 1912. See section 971 of this title.

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10 USC Sec. 8683 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 8683. Repealed. Pub. L. 99-145, title XIII, Sec.

1301(d)(1)(A), Nov. 8, 1985, 99 Stat. 736)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 535; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(156), 72 Stat. 1513; Aug. 25, 1959,

Pub. L. 86-197, Sec. 1(7), 73 Stat. 426, related to service credit

for certain service as a nurse, woman medical specialist, or

civilian employee of Army Medical Department.

PERSON PERFORMING ACTIVE SERVICE ON DAY BEFORE REPEAL OF SECTION

Section 1301(d)(1)(C) of Pub. L. 99-145 provided that: ''The

repeal made by subparagraph (A) (repealing this section) shall not

apply in the case of a person who performed active service

described in section 8683 of title 10, United States Code, as such

section was in effect on the day before the date of the enactment

of this Act (Nov. 8, 1985).''

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10 USC Sec. 8684 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 8684. Service credit: regular enlisted members; service as an

officer to be counted as enlisted service

-STATUTE-

An enlisted member of the Regular Air Force is entitled to count

active service as an officer in the Air Force, and in the Army, as

enlisted service for all purposes.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 535.)

-MISC1-

Historical and Revision Notes

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

Large)

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

8684 10:631a (last July 14, 1939, ch.

proviso). 267, Sec. 1 (last

proviso); restated

May 29, 1954, ch.

249, Sec. 19(b)

(last proviso), 68

Stat. 166.

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

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10 USC Sec. 8685 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 8685. Repealed. Pub. L. 90-235, Sec. 7(a)(3), Jan. 2, 1968,

81 Stat. 763)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 535; Sept. 2,

1958, Pub. L 85-861, Sec. 1(187), 72 Stat. 1534, set forth

restrictions on consideration of a husband or child as dependent of

a female member of Regular Air Force, Air National Guard of the

United States or Air Force Reserve.

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10 USC Sec. 8686 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 8686. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1662(g)(2), Oct. 5, 1994, 108 Stat. 2996)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 536; Sept. 24,

1980, Pub. L. 96-357, Sec. 5(a), 94 Stat. 1182; Oct. 19, 1984, Pub.

L. 98-525, title IV, Sec. 414(a)(7)(B), 98 Stat. 2519, related to

credit to members of Air National Guard of United States for

service as members of Air National Guard. See section 12602 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. 8687 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 8687. Repealed. Pub. L. 99-661, div. A, title VI, Sec.

604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 536; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(188), 72 Stat. 1534; Sept. 7, 1962,

Pub. L. 87-649, Sec. 6(d), 76 Stat. 494, related to compensation

for members of Air Force other than Regular Air Force.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to persons who, after Nov. 14,

1986, incur or aggravate an injury, illness, or disease or die, see

section 604(g) of Pub. L. 99-661, set out as an Effective Date of

1986 Amendment note under section 1074a of this title.

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10 USC Sec. 8688 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 8688. Repealed. Pub. L. 85-861, Sec. 36B(29), Sept. 2, 1958,

72 Stat. 1571)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 536, related to

death gratuity payable to survivors of members of Air Force. See

sections 1475 to 1480 of this title.

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10 USC Sec. 8689 01/06/03

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Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 8689. Repealed. Pub. L. 87-649, Sec. 14c(57), Sept. 7, 1962,

76 Stat. 502)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 537; Sept. 26,

1961, Pub. L. 87-304, Sec. 9(d), 75 Stat. 665, related to

assignments and allotments of pay. See section 701 of Title 37,

Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as an Effective Date note preceding section 101 of Title

37, Pay and Allowances of the Uniformed Services.

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10 USC Sec. 8690 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 8690. Repealed. Pub. L. 90-235, Sec. 7(b)(1), Jan. 2, 1968,

81 Stat. 763)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, exempted

enlisted members of Air Force, while on active duty, from arrest

for any debt, unless it was contracted before enlistment and

amounted to at least $20 when first contracted.

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10 USC Sec. 8691 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 8691. Flying officer rating: qualifications

-STATUTE-

Only officers of the Air Force in the following categories may be

rated as flying officers:

(1) Officers who have aeronautical ratings as pilots of service

types of aircraft or as aircraft observers.

(2) Flight surgeons.

(3) Officers undergoing flight training.

(4) Officers who are members of combat crews, other than pilots

of service types of aircraft, aircraft observers, and observers.

(5) In time of war, officers who have aeronautical ratings as

observers.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 538.)

-MISC1-

Historical and Revision Notes

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

Large)

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8691 10:291c. 10:291c-1. June 3, 1916, ch.

10:291e. 134, Sec. 13a (8th,

9th, and 11th

provisos); added

July 2, 1926, ch.

721, Sec. 2 (4th

sentence, less 2d

proviso), 44 Stat.

781; June 16, 1936,

ch. 587, Sec. 3, 49

Stat. 1524; Oct. 4,

1940, ch. 742 (last

proviso), 54 Stat.

963.

June 24, 1948, ch.

632 (2d proviso

under ''Finance

Department''), 62

Stat. 650.

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

10:291c (proviso) and the words ''after June 30, 1948'', in

10:291c-1, are omitted as executed. The definition of the term

''flying officer'', in 10:291c, originally was a definition of the

term ''flying officer in time of peace'' as provided by section 2

of the Act of July 2, 1926, ch. 721, 44 Stat. 781. Section 1 of the

Act of October 4, 1940, ch. 742, 54 Stat. 963, eliminated the words

''in time of peace''. As a consequence of that amendment, 10:291e

(1st 26 words) is omitted as surplusage. Clause (2) is substituted

for 10:291c-1 (less last 10 words). The words ''commissioned

officers or warrant'', in 10:291c-1, are omitted as surplusage. In

clause (4), the last 19 words are substituted for the words ''any

other''.

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10 USC Sec. 8692 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 8692. Repealed. Pub. L. 92-168, Sec. 3(1), Nov. 24, 1971, 85

Stat. 489)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, provided

qualifications to receive a rating of pilot in time of peace. See

section 2003 of this title.

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10 USC Sec. 8693 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 853 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 8693. Repealed Pub. L. 90-235, Sec. 7(a)(3), Jan. 2, 1968, 81

Stat. 763)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, provided for

replacement of a lost or destroyed certificate of discharge from

Air Force. See section 1040 of this title.

-CITE-