10 U.S.C. § 9253 — Flying officer rating: qualifications

Page 3476 TITLE 10—ARMED FORCES § 9251 1971—Pub. L. 92–168, § 3(2), Nov. 24, 1971, 85 Stat. 489, struck out item 8692 ‘‘Pilot rating in time of peace: qualifications’’. 1968—Pub. L. 90–235, §§ 6(a)(5), 7(a)(6), (b)(6), Jan. 2, 1968, 81 Stat. 762, 763, struck out items 8682 ‘‘Service credit: officers; service as cadet not counted’’, 8685 ‘‘Regular Air Force; Air Force Reserve: female mem- bers; definition of ‘dependents’ ’’, 8690 ‘‘Exemption from arrest for debt: enlisted members’’, and 8693 ‘‘Replace- ment of certificates of discharge’’. 1958—Pub. L. 85–861, § 1(189), Sept. 2, 1958, 72 Stat. 1534, struck out items 8681 ‘‘Air Force Register: Regular Air Force officers; service to be listed’’ and 8688 ‘‘Death gratuity’’. § 9251. Presentation of United States flag upon retirement (a) PRESENTATION OF FLAG.—Upon the release of a member of the Air Force or the Space Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member. (b) MULTIPLE PRESENTATIONS NOT AUTHOR- IZED.—A member is not eligible for a presen- tation of a flag under subsection (a) if the mem- ber has previously been presented a flag under this section or any other provision of law pro- viding for the presentation of a United States flag incident to release from active service for retirement. (c) NO COST TO RECIPIENT.—The presentation of a flag under this section shall be at no cost to the recipient. (Added Pub. L. 105–261, div. A, title VI, § 644(c)(1), Oct. 17, 1998, 112 Stat. 2049, § 8681; amended Pub. L. 106–65, div. A, title VI, § 652(e), Oct. 5, 1999, 113 Stat. 666; renumbered § 9251, Pub. L. 115–232, div. A, title VIII, § 806(b)(9), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(9), Jan. 1, 2021, 134 Stat. 3811.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘member of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8681 of this title as this section. 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘under this section or any other provision of law providing for the presentation of a United States flag incident to re- lease from active service for retirement.’’ for ‘‘under this section or section 3681 or 6141 of this title or sec- tion 516 of title 14.’’ 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 Section applicable with respect to releases from ac- tive duty described in this section, sections 7251 and 8261 of this title, and section 2748 of Title 14, Coast Guard, on or after Oct. 1, 1998, see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of this title. § 9252. Service credit: regular enlisted members; service as an officer to be counted as enlisted service An enlisted member of the Regular Air Force or the Space Force is entitled to count active service as an officer in the Air Force, in the Space Force, and in the Army, as enlisted serv- ice for all purposes. (Aug. 10, 1956, ch. 1041, 70A Stat. 535, § 8684; re- numbered § 9252, Pub. L. 115–232, div. A, title VIII, § 806(b)(9), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(10), Jan. 1, 2021, 134 Stat. 3811; Pub. L. 118–31, div. A, title XVII, § 1721(a)(4), Dec. 22, 2023, 137 Stat. 665.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8684 ......... 10:631a (last proviso). July 14, 1939, ch. 267, § 1 (last proviso); restated May 29, 1954, ch. 249, § 19(b) (last proviso), 68 Stat. 166. Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 struck out ‘‘Regular’’ before ‘‘Space Force is entitled’’. 2021—Pub. L. 116–283 inserted ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ and ‘‘in the Space Force,’’ after ‘‘in the Air Force,’’. 2018—Pub. L. 115–232 renumbered section 8684 of this title as this section. 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. § 9253. Flying officer rating: qualifications Only officers of the Air Force in the following categories may be rated as flying officers: (1) Officers who have aeronautical ratings as pilots of service types of aircraft or as aircraft observers. (2) Flight surgeons. (3) Officers undergoing flight training. (4) Officers who are members of combat crews, other than pilots of service types of air- craft, aircraft observers, and observers. (5) In time of war, officers who have aero- nautical ratings as observers. (Aug. 10, 1956, ch. 1041, 70A Stat. 538, § 8691; re- numbered § 9253, Pub. L. 115–232, div. A, title VIII, § 806(b)(9), Aug. 13, 2018, 132 Stat. 1833.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8691 ......... 10:291c. 10:291c–1. 10:291e. June 3, 1916, ch. 134, § 13a (8th, 9th, and 11th pro- visos); added July 2, 1926, ch. 721, § 2 (4th sentence, less 2d pro- viso), 44 Stat. 781; June 16, 1936, ch. 587, § 3, 49 Stat. 1524; Oct. 4, 1940, ch. 742 (last proviso), 54 Stat. 963. Page 3477 TITLE 10—ARMED FORCES § 9263 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source (U.S. Code) Source (Statutes at Large) June 24, 1948, ch. 632 (2d proviso under ‘‘Fi- nance Department’’), 62 Stat. 650. 10:291c (proviso) and the words ‘‘after June 30, 1948’’, in 10:291c–1, are omitted as executed. The definition of the term ‘‘flying officer’’, in 10:291c, originally was a definition of the term ‘‘flying officer in time of peace’’ as provided by section 2 of the Act of July 2, 1926, ch. 721, 44 Stat. 781. Section 1 of the Act of October 4, 1940, ch. 742, 54 Stat. 963, eliminated the words ‘‘in time of peace’’. As a consequence of that amendment, 10:291e (1st 26 words) is omitted as surplusage. Clause (2) is substituted for 10:291c–1 (less last 10 words). The words ‘‘commissioned officers or warrant’’, in 10:291c–1, are omitted as surplusage. In clause (4), the last 19 words are substituted for the words ‘‘any other’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8691 of this title as this section. 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. § 9254. Authority to designate certain separated members of the Air Force as honorary sepa- rated members of the Space Force (a) AUTHORITY.—The Secretary of the Air Force may prescribe regulations that authorize an eligible individual to be designated as an honorary separated member of the Space Force. An eligible individual so designated may be re- ferred to as a ‘‘Legacy Guardian’’. (b) ELEMENTS.—Regulations prescribed under this section may include the following elements: (1) Eligibility criteria, including applicable dates of service and constructive service cred- it, for designation under this section. (2) An application process through which an eligible individual, or a survivor of a deceased eligible individual, may apply for such des- ignation of such eligible individual. (3) A certificate, approved device, or other insignia of such designation. (c) RULE OF CONSTRUCTION.—Designation of an eligible individual under this section shall not be construed to entitle such eligible individual to any benefit in addition to those established by this section or pursuant to regulations pre- scribed under this section. (d) ELIGIBLE INDIVIDUAL DEFINED.—In this sec- tion, the term ‘‘eligible individual’’ means an in- dividual— (1) whom the Secretary of the Air Force de- termines served in support of space operations as a member of the Air Force; and (2) who separates (or previously separated) from the armed forces as a member of the Air Force. (Added Pub. L. 118–159, div. A, title V, § 525, Dec. 23, 2024, 138 Stat. 1885.) CHAPTER 935—HOSPITALIZATION Sec. 9263. When Secretary may require. Editorial Notes PRIOR PROVISIONS A prior chapter 935, consisting of sections 9561 to 9565, related to issue of serviceable material to Armed Forces, prior to renumbering as chapter 965 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 855 of this title as this chapter and item 8723 as 9263. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(1)(B)(v), Nov. 14, 1986, 100 Stat. 3877, struck out item 8721 ‘‘Mem- bers of Air Force, other than of Regular Air Force’’ and item 8722 ‘‘Members of C.A.T.C.; members of Air Force not covered by section 8721 of this title’’. 1958—Pub. L. 85–861, § 1(190)(D), Sept. 2, 1958, 72 Stat. 1534, struck out reference to members of the A.F.R.O.T.C. in item 8722. § 9263. When Secretary may require The Secretary of the Air Force may order the hospitalization, medical and surgical treatment, and domiciliary care for as long as necessary, of any member of the Air Force or the Space Force on active duty, and may incur obligations with respect thereto, whether or not the member in- curred an injury, illness, or disease in line of duty, except in the case of a member treated in a private hospital, or by a civilian physician, while on leave of absence for more than 24 hours. (Aug. 10, 1956, ch. 1041, 70A Stat. 539, § 8723; Pub. L. 99–661, div. A, title VI, § 604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100–26, § 7(j)(11), Apr. 21, 1987, 101 Stat. 283; renumbered § 9263, Pub. L. 115–232, div. A, title VIII, § 806(b)(10), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(11), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8723 ......... 10:455e. 32:164d. July 15, 1939, ch. 282; re- stated Oct. 14, 1940, ch. 875, § 5, 54 Stat. 1137. The words ‘‘under such regulations as he may pre- scribe’’, in 10:455e and 32:164d, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The references to 10:455a–455d and 32:164a–164c, and the words ‘‘nor any other law of the United States shall be construed as limiting the power and authority’’, are omitted, since the revised section makes explicit the authority of the Secretary to require the prescribed hospitalization and care. The words ‘‘or in training, under the provisions of sections 62—’’ are omitted as covered by the words ‘‘active duty’’. The words ‘‘so long as any or all are necessary’’ and ‘‘in the active military service’’ are omitted as surplusage. With the exception of 32:62 (4th proviso of last sentence), the references to 32:62–65, 144–146, 183, and 186, in 10:455e and 32:164d, do not refer to members of the Air National Guard of the United States and are therefore omitted from the re- vised section. 10:455e (1st proviso) and 32:164d (1st pro- viso) are omitted, since they apply only to the National Guard and are covered by section 320 of title 32.