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10 U.S.C. § 9344 — Higher grade after 30 years of service: warrant officers and enlisted members
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each retired member of the Air Force or the Space 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 or the Space Force;
(2) enlisted members of the Regular Air Force or the Space Force; and
(3) reserve enlisted members of the Air Force or the Space 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).
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Stable record: federal_law:legal_authorities:record_usc_98367ad05dc9865f8e44166b
Source file: Laws/federal/codes/united-states-code/title-10/section-9344-higher-grade-after-30-years-of-service-warrant-officers-and-enlisted-mem--b9ddc2702e.md
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Passage SHA-256: 2b780b2a5048aeb63f5df0860d3ebd4fda8bf550aaac17a216bc3d590003f11e
Source location: Title 10, Chapter 943, § 9344; chapter-943-retired-grade.md
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**(a)** Each retired member of the Air Force or the Space 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 or the Space Force;
(2) enlisted members of the Regular Air Force or the Space Force; and
(3) reserve enlisted members of the Air Force or the Space 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).
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Federal law — U.S. Code and appendices · legal_authorities
Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.
(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1372
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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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Selection of Persons From Foreign Countries To Receive Instruction at Service Academies.—**
(1) **Attendance authorized.—**
(A) *In general.—* — The Secretary of each military department may permit persons from foreign countries to receive instruction at the Service Academy under the jurisdiction of the Secretary. Such persons shall be in addition to—
(i) in the case of the United States Military Academy, the authorized strength of the Corps of the Cadets of the Academy under [section 7442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7442&num=0&edition=prelim);
(ii) in the case of the United States Naval Academy, the authorized strength of the Brigade of Midshipmen of the Academy under [section 8454 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8454&num=0&edition=prelim); and
(iii) in the case of the United States Air Force Academy, the authorized strength of the Cadet Wing of the Academy under [section 9442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9442&num=0&edition=prelim).
(B) *Limitation on number.—* — The number of persons permitted to receive instruction at each Service Academy under this subsection may not be more than 80 at any one time.
(2) **Determination of foreign countries from which persons may be selected.—** — The Secretary of a military department, upon approval by the Secretary of Defense, shall determine—
(A) the countries from which persons may be selected for appointment under this subsection to the Service Academy under the jurisdiction of that Secretary; and
(B) the number of persons that may be selected from each country.
(3) **Qualifications and selection.—** — The Secret
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 347
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Federal law — U.S. Code and appendices · legal_authorities
Each retired warrant officer or enlisted member of the Air Force or the Space Force who has been advanced on the retired list to a higher commissioned grade under [section 9344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9344&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9345
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entitlement to Recomputation.—** An enlisted member or warrant officer of the Air Force or the Space Force who is advanced on the retired list under [section 9344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9344&num=0&edition=prelim) is entitled to recompute his retired pay in accordance with this section.
**(b) Formula.—** The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying—
(1) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by
(2) the retired pay multiplier prescribed in [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim) for the number of years credited to the member under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim).
**(c) Rounding to Next Lower Dollar.—** The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9362
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
Page 3494
TITLE 10—ARMED FORCES
§ 9343
Subsec. (a). Pub. L. 96–513 substituted ‘‘or (4)’’ for ‘‘(4)
in a position of importance and responsibility des-
ignated by the President to carry the grade of general
or lieutenant general under section 8066 of this title, or
(5)’’.
Pub. L. 96–343, § 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 of-
ficers who may, in the discretion of the President, be
retired, by and with the advice and consent of the Sen-
ate, 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.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 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 compone
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9344
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