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10 U.S.C. § 9138 — Regular Air Force and Space Force: reenlistment after service as an officer
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any former enlisted member of the Regular Air Force or the Space Force who has served on active duty as an officer of the Air Force or the Space Force, or who was discharged as an enlisted member to accept an appointment as an officer of the Air Force or the Space Force, is entitled to be reenlisted in the Regular Air Force or the Space Force in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its inception in line of duty, if (1) his service as an officer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Air Force prescribes for exceptional circumstances) after termination of that service.
**(b)** A person is not entitled to be reenlisted under this section if—
(1) the person was discharged or released from active duty as an officer on the basis of a determination of—
(A) misconduct;
(B) moral or professional dereliction;
(C) duty performance below prescribed standards for the grade held; or
(D) retention being inconsistent with the interests of national security; or
(2) the person’s former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that person during the active duty from which the person was released or discharged.
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Source file: Laws/federal/codes/united-states-code/title-10/section-9138-regular-air-force-and-space-force-reenlistment-after-service-as-an-offic--42ad211af6.md
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Source location: Title 10, Chapter 913, § 9138; chapter-913-enlistments.md
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**(a)** Any former enlisted member of the Regular Air Force or the Space Force who has served on active duty as an officer of the Air Force or the Space Force, or who was discharged as an enlisted member to accept an appointment as an officer of the Air Force or the Space Force, is entitled to be reenlisted in the Regular Air Force or the Space Force in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its inception in line of duty, if (1) his service as an officer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Air Force prescribes for exceptional circumstances) after termination of that service.
**(b)** A person is not entitled to be reenlisted under this section if—
(1) the person was discharged or released from active duty as an officer on the basis of a determination of—
(A) misconduct;
(B) moral or professional dereliction;
(C) duty performance below prescribed standards for the grade held; or
(D) retention being inconsistent with the interests of national security; or
(2) the person’s former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that person during the active duty from which the person was released or discharged.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In accepting persons for original enlistment in the Regular Air Force or the Space Force, the Secretary of the Air Force may not—
(1) set a minimum or maximum percentage of persons who may be accepted for such an enlistment according to gender for skill categories or jobs; or
(2) in any other way base the acceptance of a person for such an enlistment on gender.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9132
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Federal law — U.S. Code and appendices · legal_authorities
Page 3468
TITLE 10—ARMED FORCES
§ 9137
EFFECTIVE DATE
Pub. L. 100–456, div. A, title V, § 522(c), Sept. 29, 1988,
102 Stat. 1974, provided that: ‘‘Such section [10 U.S.C.
8252] shall apply with respect to persons accepted for
original enlistment in the Regular Air Force after Sep-
tember 30, 1989.’’
IMPLEMENTATION
Pub. L. 100–456, div. A, title V, § 522(b), Sept. 29, 1988,
102 Stat. 1973, provided that: ‘‘The Secretary of the Air
Force shall develop a methodology for implementing
section 8252 of title 10, United States Code, as added by
subsection (a), not later than October 1, 1989.’’
§ 9137. Regular Air Force: aviation cadets; quali-
fications, grade, limitations
(a) The grade of aviation cadet is a special en-
listed grade in the Regular Air Force.
(b) Any citizen of the United States may be
enlisted as an aviation cadet, if he is otherwise
qualified.
(c) Any enlisted member of the Regular Air
Force who is otherwise qualified may be des-
ignated, with his consent, as an aviation cadet
by the Secretary of the Air Force.
(d) Except in time of war or of emergency de-
clared by Congress, at least 20 percent of the
aviation cadets designated in each fiscal year
shall be selected from members of the Regular
Air Force or the Regular Army who are eligible
and qualified. No person may be enlisted or des-
ignated as an aviation cadet unless—
(1) he agrees in writing that, upon his suc-
cessful completion of the course of training as
an aviation cadet, he will accept a commission
as second lieutenant in the Air Force Reserve,
and will serve on active duty as such for a pe-
riod of three years, unless sooner released; and
(2) if under 21 years of age, he has the con-
sent of his parent or guardian to his agree-
ment.
(e) While on active duty, an aviation
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9138
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