10 U.S.C. § 9317 — Thirty years or more: regular enlisted

Page 3487 TITLE 10—ARMED FORCES § 9317 2011—Subsec. (b)(2). Pub. L. 111–383 substituted ‘‘the date of the enactment of the Ike Skelton National De- fense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’’ for ‘‘January 6, 2006, and ending on December 31, 2008’’. 2006—Subsec. (b). Pub. L. 109–364 struck out second comma after ‘‘paragraph (2)’’ in par. (1) and substituted ‘‘January 6, 2006,’’ for ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006’’ in par. (2). Pub. L. 109–163 designated existing provisions as par. (1), substituted ‘‘during the period specified in para- graph (2),’’ for ‘‘during the period beginning on October 1, 1990, and ending on December 31, 2001’’, and added par. (2). 2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘September 30, 2001’’. 1998—Subsec. (b). Pub. L. 105–261 substituted ‘‘during the period beginning on October 1, 1990, and ending on September 30, 2001’’ for ‘‘during the nine-year period be- ginning on October 1, 1990’’. 1993—Subsec. (b). Pub. L. 103–160 substituted ‘‘nine- year period’’ for ‘‘five-year period’’. 1990—Pub. L. 101–510 designated existing provisions as subsec. (a) and added subsec. (b). 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. TEMPORARY EARLY RETIREMENT AUTHORITY For provisions authorizing the Secretary of the Air Force, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to a regular or reserve commissioned officer with at least 15 but less than 20 years of service by substituting ‘‘at least 15 years’’ for ‘‘at least 20 years’’ in subsec. (a) of this sec- tion, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title. § 9314. Twenty to thirty years: enlisted members Under regulations to be prescribed by the Sec- retary 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 com- puted under section 9325 of this title may, upon his request, be retired. (Aug. 10, 1956, ch. 1041, 70A Stat. 550, § 8914; Pub. L. 96–343, § 9(b)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103–337, div. A, title V, § 515(b), Oct. 5, 1994, 108 Stat. 2753; renumbered § 9314 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(14), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8914 ......... 10:948 (1st sentence). 10:948a. Oct. 6, 1945, ch. 393, § 4 (1st sentence); restated Aug. 10, 1946, ch. 952, § 6(a) (1st sentence), 60 Stat. 996. Aug. 10, 1946, ch. 952, § 7, 60 Stat. 996. The words ‘‘now or hereafter’’, in 10:948a, are omitted as surplusage. The words ‘‘computed under section 8925 of this title’’ are substituted for the words ‘‘active Fed- eral service’’, in 10:948, and ‘‘active Federal military service’’, in 10:948a, since that revised section makes explicit the service covered. The words ‘‘be retired from’’ are substituted for the words ‘‘will be placed on the retired list of’’, in 10:948. The words ‘‘completed a minimum’’, in 10:948; and ‘‘the period of’’, ‘‘be subject to’’, ‘‘period of’’, and ‘‘now or after August 10, 1946’’, in 10:948a; are omitted as surplusage. Editorial Notes PRIOR PROVISIONS Prior sections 9314, 9314a, 9314b, and 9315 were renum- bered sections 9414, 9414a, 9414b, and 9415 of this title, respectively. A prior section 9316, added Pub. L. 101–510, div. A, title XIV, § 1439(c), Nov. 5, 1990, 104 Stat. 1689, related to training and support for A–10 aircraft, prior to repeal by Pub. L. 110–417, [div. A], title III, § 353(a), Oct. 14, 2008, 122 Stat. 4425. AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘member of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8914 of this title as this section and substituted ‘‘section 9325’’ for ‘‘section 8925’’. 1994—Pub. L. 103–337 struck out at end ‘‘A regular en- listed member then becomes a member of the Air Force Reserve. A member retired under this section shall per- form such active duty as may be prescribed by law until his service computed under section 8925 of this title, plus his inactive service as a member of the Air Force Reserve, equals 30 years.’’ 1980—Pub. L. 96–343 struck out ‘‘regular’’ before ‘‘en- listed members’’ in section catchline and substituted in text ‘‘an enlisted member’’ for ‘‘a regular enlisted member’’, ‘‘A regular enlisted member’’ for ‘‘He’’, and ‘‘Air Force Reserve. A member retired under this sec- tion’’ for ‘‘Air Force, and’’. 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. 96–343 effective with respect to retired pay payable for months beginning after Sept. 8, 1980, see section 9(c) of Pub. L. 96–343, set out as a note under section 7314 of this title. TEMPORARY EARLY RETIREMENT AUTHORITY For provisions authorizing the Secretary of the Air Force, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to an enlisted member with at least 15 but less than 20 years of serv- ice by substituting ‘‘at least 15’’ for ‘‘at least 20’’, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title. § 9317. Thirty years or more: regular enlisted members A regular enlisted member of the Air Force or the Space Force who has at least 30 years of service computed under section 9325 of this title shall be retired upon his request. (Aug. 10, 1956, ch. 1041, 70A Stat. 550, § 8917; re- numbered § 9317 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(15), Jan. 1, 2021, 134 Stat. 3811.) Page 3488 TITLE 10—ARMED FORCES § 9318 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8917 ......... 10:947 (less proviso). 10:947a (less last 11 words). Mar. 2, 1907, ch. 2515, § 1 (1st 35 words), 34 Stat. 1217. Feb. 14, 1885, ch. 67 (less 43d through 53d words); restated Sept. 30, 1890, ch. 1125 (less 43d through 53d words), 26 Stat. 504. The word ‘‘regular’’ is inserted to conform to an opin- ion of the Judge Advocate General of the Army (JAGA 1953/2301, 23 Mar. 1953). The words ‘‘upon his request’’ are substituted for the words ‘‘upon making application to the President’’, in 10:947, and ‘‘by application to the President’’, in 10:947a. The words ‘‘either as a private or non-commissioned officer, or both’’, in 10:947a, are omitted as surplusage. The words ‘‘shall be retired’’ are substituted for the words ‘‘be placed upon the retired list’’, in 10:947, and ‘‘be placed on the retired list here- tofore created’’, in 10:947a. The words ‘‘computed under section 8925 of this title’’ are inserted for clarity. The 21 words before the proviso and the proviso of the Act of February 14, 1885, as restated, are not contained in 10:947a. They are also omitted from the revised section, since the proviso is executed and the 21 words before the proviso are omitted as covered by formula E of sec- tion 8991 of this title. Editorial Notes PRIOR PROVISIONS A prior section 9317 was renumbered section 9417 of this title. AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232 renumbered section 8917 of this title as this section and substituted ‘‘section 9325’’ for ‘‘section 8925’’. 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. § 9318. Thirty years or more: regular commis- sioned officers A regular commissioned officer of the Air Force or the Space Force who has at least 30 years of service computed under section 9326 of this title may be retired upon his request, in the discretion of the President. (Aug. 10, 1956, ch. 1041, 70A Stat. 550, § 8918; re- numbered § 9318 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(16), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8918 ......... 10:943. R.S. 1243; Dec. 16, 1930, ch. 14, § 1 (as applicable to R.S. 1243), 46 Stat. 1028. The word ‘‘commissioned’’ is inserted, since the re- tirement of warrant officers for length of service is cov- ered by section 1293 of this title. The word ‘‘regular’’ is inserted, since 10:943 is applicable historically only to officers of a regular component. The words ‘‘and placed on the retired list’’ are omitted as surplusage. The words ‘‘computed under section 8926 of this title’’ are inserted for clarity. Editorial Notes PRIOR PROVISIONS A prior section 9319 was renumbered section 9419 of this title. AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232 renumbered section 8918 of this title as this section and substituted ‘‘section 9326’’ for ‘‘section 8926’’. 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. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section to approve request of a regular commissioned officer of Air Force to retire after at least 30 years of service delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with au- thority for Secretary to redelegate, see Ex. Ord. No. 12396, §§ 1(f), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President. § 9320. More than thirty years: permanent profes- sors and the Director of Admissions of the United States Air Force Academy (a) The Secretary of the Air Force may retire an officer specified in subsection (b) who has more than 30 years of service as a commissioned officer. (b) Subsection (a) applies in the case of the fol- lowing officers: (1) Any permanent professor of the United States Air Force Academy. (2) The Director of Admissions of the United States Air Force Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 551, § 8920; Pub. L. 104–106, div. A, title V, § 509(b)(1), Feb. 10, 1996, 110 Stat. 298; renumbered § 9320, Pub. L. 115–232, div. A, title VIII, § 806(b)(13), Aug. 13, 2018, 132 Stat. 1833.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8920 ......... 10:1079a(c) (proviso). Aug. 7, 1947, ch. 512, § 520(c) (proviso), 61 Stat. 912. The word ‘‘retire’’ is substituted for the words ‘‘direct the retirement of’’. The words ‘‘as a commissioned offi- cer’’ are substituted for the word ‘‘commissioned’’. Editorial Notes PRIOR PROVISIONS A prior section 9320 was renumbered section 9420 of this title.