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10 U.S.C. § 9343 — Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9343 — Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct

**(a)** A Reserve enlisted member of the Air Force described in subsection (b) who is retired under [section 9314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9314&num=0&edition=prelim) 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 9314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9314&num=0&edition=prelim) after September 30, 1996.

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Stable record: federal_law:legal_authorities:record_usc_ef836fadd553a0c931caec19
Source file: Laws/federal/codes/united-states-code/title-10/section-9343-highest-grade-held-satisfactorily-reserve-enlisted-members-reduced-in-gr--b86f3e1dca.md
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Source location: Title 10, Chapter 943, § 9343; chapter-943-retired-grade.md

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**(a)** A Reserve enlisted member of the Air Force described in subsection (b) who is retired under [section 9314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9314&num=0&edition=prelim) 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 9314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9314&num=0&edition=prelim) after September 30, 1996.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9314 — Twenty to thirty years: enlisted members

Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force or the Space Force who has at least 20, but less than 30, years of service computed under [section 9325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9325&num=0&edition=prelim) may, upon his request, be retired.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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

10 U.S.C. § 9443 — Cadets: appointment; to bring to full strength

If it is determined that, upon the admission of a new class to the Academy, the number of cadets at the Academy will be below the authorized number, the Secretary of the Air Force may fill the vacancies by nominating additional cadets from qualified candidates designated as alternates and from other qualified candidates who competed for nomination and are recommended and found qualified by the Academy Board. At least three-fourths of those nominated under this section shall be selected from qualified alternates nominated by the persons named in paragraphs (2) through (8) of [section 9442(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9442/a&num=0&edition=prelim), and the remainder from qualified candidates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9361 — Computation of retired pay

**(a) Computation.—** (1) **Formula.—** — The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying— (A) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by (B) 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). (2) **Additional 10 percent for certain enlisted members credited with extraordinary heroism.—** — If a member who is retired under [section 9314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9314&num=0&edition=prelim) has been credited by the Secretary of the Air Force with extraordinary heroism in the line of duty, the member’s retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based (except in the case of a member who served during the Vietnam era, as that term is defined in [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim))). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes. **(b) General Rules.—** (1) **Use of most favorable formula.—** — If a person would otherwise be entitled to retired pay computed under more than one formula in subsection (a) or the table in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9361

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9343 — Highest grade held satisfactorily: Reserve

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

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