10 U.S.C. § 9138 — Regular Air Force and Space Force: reen-

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 cadet is entitled to uniforms, clothing, and equipment at the expense of the United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 504, § 8257; Pub. L. 85–861, § 33(a)(37), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 96–513, title II, § 237, Dec. 12, 1980, 94 Stat. 2887; renumbered § 9137, Pub. L. 115–232, div. A, title VIII, § 806(b)(2), Aug. 13, 2018, 132 Stat. 1832.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8257(a) ..... 8257(b) ..... 10:297a. 10:299 (1st sentence, less last 19 words). June 3, 1941, ch. 165, §§ 1, 3 (1st and 2d sen- tences), 55 Stat. 239. 8257(c) ..... 10:291f–2 (less 1st 55 words of 1st proviso). June 13, 1949, ch. 199, § 3, 63 Stat. 175. 10:299 (last 19 words of 1st sentence). 8257(d) ..... 10:291f–2 (1st 55 words of 1st proviso). 10:299 (2d sentence). In subsection (b), the words ‘‘Under such regulations as the Secretary of the Army may prescribe’’ are omit- ted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. In subsection (c), the words ‘‘who is otherwise quali- fied’’ and ‘‘with his consent’’ are substituted for 10: 291f–2 (less 1st 55 words of 1st proviso). In subsection (d), the first sentence is substituted for 10:291f–2 (proviso). The words ‘‘after June 13, 1940’’ (the date of enactment of the source statute) are sub- stituted for the word ‘‘hereafter’’, in 10:291f–2. The words ‘‘after June 13, 1949’’, in 10:291f–2, are omitted as executed. The first 17 words of the last sentence are substituted for 10:299 (1st 20 words of 2d sentence). Clause (2) is substituted for 10:299 (proviso of 2d sen- tence). 1958 ACT The new subsection (e) is necessary to reflect the last 11 words of the second sentence of section 4 of the Army Aviation Cadet Act (formerly 10 U.S.C. 304), which were omitted from the original military codifica- tion act, the Act of August 10, 1956, chapter 1041, as part of the source law for section 20(b) of that Act (70A Stat. 627). See Senate Report No. 2484, 84th Congress, 2d Ses- sion, page 738. Since the source law did not permit the payment of a money allowance to an aviation cadet in place of the issuance of uniforms, clothing, and equip- ment, as may be done for enlisted members generally, it is necessary to restate this provision separately. See Opinion of the Deputy General Counsel, Department of Defense, May 29, 1957. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8257 of this title as this section. 1980—Subsec. (b). Pub. L. 96–513 substituted ‘‘Any cit- izen’’ for ‘‘Any male citizen’’. Subsec. (c). Pub. L. 96–513 substituted ‘‘Any enlisted member’’ for ‘‘Any male enlisted member’’. 1958—Subsec. (e). Pub. L. 85–861 added subsec. (e). 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, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. § 9138. Regular Air Force and Space Force: reen- listment after service as an officer (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 en- listed 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 hav- ing its inception in line of duty, if (1) his service as an officer is terminated by an honorable dis- charge or he is relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonor- Page 3469 TITLE 10—ARMED FORCES § 9138 able discharge, and (2) he applies for reenlist- ment within six months (or such other period as the Secretary of the Air Force prescribes for ex- ceptional 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 505, § 8258; Pub. L. 85–603, § 1(3), Aug. 8, 1958, 72 Stat. 526; Pub. L. 102–484, div. A, title V, § 520(b), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 110–181, div. A, title V, § 506(b), Jan. 28, 2008, 122 Stat. 96; renumbered § 9138, Pub. L. 115–232, div. A, title VIII, § 806(b)(2), Aug. 13, 2018, 132 Stat. 1832; renumbered § 9132 and amend- ed Pub. L. 116–283, div. A, title IX, § 923(c)(2)(A), (B), Jan. 1, 2021, 134 Stat. 3810; renumbered § 9138, Pub. L. 117–81, div. A, title X, § 1081(a)(34), Dec. 27, 2021, 135 Stat. 1921; Pub. L. 118–31, div. A, title XVII, § 1721(a)(2), Dec. 22, 2023, 137 Stat. 665.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8258 ......... 10:631a (less last proviso). July 14, 1939, ch. 267, § 1 (less last proviso); re- stated May 29, 1954, ch. 249, § 19(b) (less last proviso), 68 Stat. 166. The words ‘‘former’’ and ‘‘as an enlisted member’’ are inserted for clarity. The words ‘‘credit for service’’ are substituted for the words ‘‘of service’’. The words ‘‘in his grade’’ are substituted for the words ‘‘in the appro- priate enlisted grade’’. The words ‘‘he applies’’ are sub- stituted for the words ‘‘application * * * shall be made’’. The words ‘‘Hereafter’’ and ‘‘while on active duty’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 1721(a)(2)(B), struck out ‘‘Reg- ular’’ before ‘‘Space Force:’’ in section catchline. Subsec. (a). Pub. L. 118–31, § 1721(a)(2)(A), struck out ‘‘Regular’’ before ‘‘Space Force’’ in two places. 2021—Pub. L. 117–81 renumbered section 9132 of this title relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer as this section. Pub. L. 116–283, § 923(c)(2)(B), which directed the amendment of ‘‘such section 9132’’ by substituting ‘‘9132’’ for ‘‘9138’’ as the section designation and ‘‘Reg- ular Air Force and Regular Space Force: reenlistment after service as an officer’’ for ‘‘Regular Air Force: re- enlistment after service as an officer’’ as the section catchline, was executed to this section to reflect the probable intent of Congress. Subsec. (a). Pub. L. 116–283, § 923(c)(2)(A), inserted ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ in two places and ‘‘or the Space Force’’ after ‘‘officer of the Air Force’’ in two places. 2018—Pub. L. 115–232 renumbered section 8258 of this title as this section. 2008—Subsec. (a). Pub. L. 110–181, § 506(b)(1), sub- stituted ‘‘duty as an officer of the Air Force’’ for ‘‘duty as a reserve officer of the Air Force’’ and ‘‘an appoint- ment’’ for ‘‘a temporary appointment’’. Subsec. (b)(1). Pub. L. 110–181, § 506(b)(2)(A), sub- stituted ‘‘an officer’’ for ‘‘a Reserve officer’’ in intro- ductory provisions. Subsec. (b)(2). Pub. L. 110–181, § 506(b)(2)(B), sub- stituted ‘‘the commission’’ for ‘‘the Reserve commis- sion’’. 1992—Pub. L. 102–484 designated existing provisions as subsec. (a), added subsec. (b), and struck out at end of subsec. (a) ‘‘However, if his service as an officer termi- nated by a general discharge, he may, under regula- tions to be prescribed by the Secretary of the Air Force, be so reenlisted.’’ 1958—Pub. L. 85–603 limited entitlement to be reen- listed in enlisted grade to those officers whose service terminated by an honorable discharge and those re- lieved from active duty for a purpose other than to await appellate review of a sentence that includes dis- missal or dishonorable discharge, and provided that persons whose service terminated by a general dis- charge, may, under regulations to be prescribed by the Secretary of the Air Force, be so reenlisted. 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 1992 AMENDMENT Amendment by Pub. L. 102–484 applicable to persons discharged or released from active duty as commis- sioned officers in the Air Force Reserve after Oct. 23, 1992, see section 520(c) of Pub. L. 102–484, set out as a note under section 3258 of this title. CHAPTER 915—APPOINTMENTS IN THE REG- ULAR AIR FORCE AND IN THE SPACE FORCE Sec. 9151. Commissioned officer grades. [9160. Repealed.] Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 509D(b), Dec. 23, 2024, 138 Stat. 1874, struck out item 9160 ‘‘Warrant offi- cers: original appointment; qualifications’’. 2023—Pub. L. 118–31, div. A, title XVII, § 1721(a)(5)(A), Dec. 22, 2023, 137 Stat. 665, substituted ‘‘APPOINT- MENTS IN THE REGULAR AIR FORCE AND IN THE SPACE FORCE’’ for ‘‘APPOINTMENTS IN THE REG- ULAR AIR FORCE AND THE REGULAR SPACE FORCE’’ in chapter heading. 2021—Pub. L. 116–283, div. A, title IX, § 923(c)(3)(B), Jan. 1, 2021, 134 Stat. 3810, substituted ‘‘APPOINT- MENTS IN THE REGULAR AIR FORCE AND THE REGULAR SPACE FORCE’’ for ‘‘APPOINTMENTS IN THE REGULAR AIR FORCE’’ in chapter heading. 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 835 of this title as this chapter and items 8281 and 8310 as 9151 and 9160, respectively. 1980—Pub. L. 96–513, title V, § 504(10), Dec. 12, 1980, 94 Stat. 2916, struck out items 8284 ‘‘Commissioned offi- cers: appointment, how made’’, 8285 ‘‘Commissioned of- ficers: original appointment; qualifications’’, 8286