10 U.S.C. § 9324 — Forty years or more: Air Force officers

Page 3489 TITLE 10—ARMED FORCES § 9324 AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8920 of this title as this section. 1996—Pub. L. 104–106 substituted ‘‘permanent profes- sors and the Director of Admissions’’ for ‘‘professors’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Air Force may retire any permanent professor of the United States Air Force Academy who has more than 30 years of service as a commissioned officer.’’ 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. § 9321. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority (a) MANDATORY RETIREMENT.—Upon the termi- nation of the detail of an officer to the position of Superintendent of the United States Air Force Academy, the Secretary of the Air Force shall retire the officer under any provision of this chapter under which the officer is eligible to retire. (b) WAIVER AUTHORITY.—The Secretary of De- fense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representa- tives a written notification of the waiver, with a statement of the reasons supporting the deci- sion that the officer not retire, and a written no- tification of the intent of the President to nomi- nate the officer for reassignment. In the event a waiver under this subsection is granted, the sub- sequent nomination and appointment of such of- ficer having served as Superintendent of the Academy to a further assignment in lieu of re- tirement shall be subject to the advice and con- sent of the Senate. (Added Pub. L. 106–65, div. A, title V, § 532(a)(3)(A), Oct. 5, 1999, 113 Stat. 603, § 8921; amended Pub. L. 108–375, div. A, title V, § 541(a)(3), (c)(3)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 9321, Pub. L. 115–232, div. A, title VIII, § 806(b)(13), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 117–263, div. A, title V, § 509(c), Dec. 23, 2022, 136 Stat. 2560.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 inserted at end ‘‘In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be sub- ject to the advice and consent of the Senate.’’ 2018—Pub. L. 115–232 renumbered section 8921 of this title as this section. 2004—Pub. L. 108–375 inserted ‘‘; waiver authority’’ after ‘‘Academy’’ in section catchline, designated exist- ing provisions as subsec. (a), inserted heading, 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. APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5, 1999 Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 3921 of this title. § 9324. Forty years or more: Air Force officers and Space Force officers (a) Except as provided in section 1186 of this title, a commissioned officer of the Air Force or the Space Force who has at least 40 years of service computed under section 9326 of this title shall be retired upon his request. (b) Any warrant officer of the Air Force or the Space Force who has at least 40 years of service computed under section 9326(a) of this title shall be retired upon his request. (Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8924; Pub. L. 96–513, title V, § 504(18), Dec. 12, 1980, 94 Stat. 2917; renumbered § 9324 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)(17)(A), (B), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8924(a) ..... 8924(b) ..... 10:942 (as applicable to commissioned offi- cers). 10:942 (less applicability to commissioned offi- cers). June 30, 1882, ch. 254 (last 21 words of 3d proviso under ‘‘Pay Depart- ment’’), 22 Stat. 118. In subsection (a), the words ‘‘Except as provided in section 8786 of this title’’ are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section. In subsections (a) and (b), the words ‘‘or volunteer service, or both’’ are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, Aug. 30, 1898, holding that such words refer to volunteer service in the Civil War. The words ‘‘upon his request’’ are substituted for the words ‘‘if he make ap- plication therefor to the President’’. In subsection (b), the applicability of 10:942 to war- rant officers is based on an opinion of the Judge Advo- cate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 ap- plicable to warrant officers. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Forty years or more: Air Force officers and Space Force officers’’ for ‘‘Forty years or more: Air Force officers’’ in section catchline and inserted ‘‘or the Space Force’’ after ‘‘Air Force’’ in subsecs. (a) and (b). Page 3490 TITLE 10—ARMED FORCES § 9325 2018—Pub. L. 115–232, § 809(a), substituted ‘‘section 9326’’ for ‘‘section 8926’’ in subsec. (a) and ‘‘section 9326(a)’’ for ‘‘section 8926(a)’’ in subsec. (b). Pub. L. 115–232, § 806(b)(13), renumbered section 8924 of this title as this section. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘section 1186’’ for ‘‘section 8786’’. 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. § 9325. Computation of years of service: vol- untary retirement; enlisted members (a) For the purpose of determining whether an enlisted member of the Air Force or the Space Force may be retired under section 9314 or 9317 of this title, his years of service are computed by adding all active service in the armed forces. (b) Time required to be made up under section 972(a) of this title may not be counted in com- puting years of service under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8925; Pub. L. 85–861, § 1(195), Sept. 2, 1958, 72 Stat. 1540; Pub. L. 96–343, § 9(b)(2), Sept. 8, 1980, 94 Stat. 1129; Pub. L. 99–348, title II, § 204(c), July 1, 1986, 100 Stat. 698; Pub. L. 101–189, div. A, title VI, § 652(a)(6), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 103–337, div. A, title VI, § 635(c)(1), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–106, div. A, title V, § 561(d)(4)(A), Feb. 10, 1996, 110 Stat. 323; renumbered § 9325 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)(18), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8925(a) ..... 8925(b) ..... 10:947 (proviso). 10:958. [No source]. Mar. 2, 1907, ch. 2515, § 1 (proviso), 34 Stat. 1218. Aug. 10, 1946, ch. 952, § 6(b), 60 Stat. 996. In subsection (a), the words ‘‘active service’’ are sub- stituted for the word ‘‘service’’, in 10:947, and ‘‘active Federal service performed’’, in 10:958, for uniformity. The words ‘‘service computed under section 8683 of this title’’ are inserted, since a person entitled to count service under that revised section might cease to be a nurse or woman medical specialist and thereafter be- come entitled to retire under one of the revised sec- tions referred to in subsection (a) of this revised sec- tion. Subsection (b) is inserted because of section 8638 of this title and in accordance with long standing inter- pretation of the effect of 10:629 upon the computation of years of service for retirement. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8925 ......... [No source]. [No source]. The amendment reflects the repeal of section 8638 of this title and the enactment of a similar provision in section 972 of this title. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232, § 806(b)(13), renumbered section 8925 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 9314 or 9317’’ for ‘‘section 8914 or 8917’’. 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘section 972(a)’’ for ‘‘section 972’’. 1994—Subsec. (a). Pub. L. 103–337, § 635(c)(1)(A), struck out ‘‘and of computing his retired pay under section 8991 of this title,’’ after ‘‘8917 of this title,’’. Subsec. (c). Pub. L. 103–337, § 635(c)(1)(B), struck out subsec. (c) which read as follows: ‘‘In determining a member’s years of service under subsection (a) for the purpose of computing the member’s retired pay under section 8991 of this title— ‘‘(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and ‘‘(2) any remaining fractional part of a year shall be disregarded.’’ 1989—Subsec. (a). Pub. L. 101–189 struck out ‘‘and service computed under section 8683 of this title’’ be- fore period at end. 1986—Subsec. (c). Pub. L. 99–348 added subsec. (c). 1980—Pub. L. 96–343, § 9(b)(2)(B), struck out ‘‘regular’’ before ‘‘enlisted members’’ in section catchline. Subsec. (a). Pub. L. 96–343, § 9(b)(2)(A), substituted ‘‘an enlisted’’ for ‘‘a regular enlisted’’. 1958—Subsec. (b). Pub. L. 85–861 substituted ‘‘section 972 of this title’’ for ‘‘section 8638 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 1996 AMENDMENT Amendment by Pub. L. 104–106 effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as a note under section 972 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 applicable to computa- tion of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Re- serve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any en- listed member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 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. § 9326. Computation of years of service: vol- untary retirement; regular and reserve com- missioned officers (a) For the purpose of determining whether an officer of the Air Force or the Space Force may