10 U.S.C. § 9345 — Restoration to former grade: retired war-

Page 3495 TITLE 10—ARMED FORCES § 9345 HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8964 ......... 10:594 (1st proviso, less last 39 words; and last proviso). 10:1004 (less 30 words be- fore proviso). Aug. 21, 1941, ch. 384, § 5 (1st proviso, less last 39 words; and last pro- viso); restated June 29, 1948, ch. 708, § 203 (c) (1st proviso, less last 39 words; and last pro- viso), 62 Stat. 1085; May 29, 1954, ch. 249, § 19(f), 68 Stat. 167. June 29, 1948, ch. 708, § 203(e) (less 30 words before proviso), 62 Stat. 1086. The words ‘‘when his active service plus his service on the retired list totals 30 years’’ are substituted for the words ‘‘upon the completion of thirty years’ [years of] service, to include the sum of his active service and his service on the retired list’’, in 10:594 and 1004. The words ‘‘under any provision of law’’, in 10:594 and 1004; ‘‘officer, flight officer, or warrant officer’’, in 10:594; and ‘‘commissioned, warrant, or enlisted’’, in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by section 1372 of this title. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8964 ......... 10 App.:1004. May 31, 1956, ch. 348, § 1, 70 Stat. 222. Editorial Notes PRIOR PROVISIONS A prior section 9344, act Aug. 10, 1956, ch. 1041, 70A Stat. 564; Pub. L. 98–94, title X, § 1004(c)(1), Sept. 24, 1983, 97 Stat. 659; Pub. L. 105–85, div. A, title V, § 543(c), Nov. 18, 1997, 111 Stat. 1744; Pub. L. 106–65, div. A, title V, § 534(c), Oct. 5, 1999, 113 Stat. 605; Pub. L. 106–398, § 1 [[div. A], title V, § 532(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–110; Pub. L. 107–107, div. A, title V, § 533(c)(1), (2), Dec. 28, 2001, 115 Stat. 1106, related to selection of per- sons from foreign countries to receive instruction at the United States Air Force Academy, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525. See section 347 of this title. AMENDMENTS 2023—Subsec. (b)(2). Pub. L. 118–31 struck out ‘‘Reg- ular’’ before ‘‘Space Force’’. 2021—Subsec. (a). Pub. L. 116–283, § 923(c)(21)(A)(i), in- serted ‘‘or the Space Force’’ after ‘‘member of the Air Force’’. Subsec. (b)(1). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), in- serted ‘‘or the Space Force’’ after ‘‘Air Force’’. Subsec. (b)(2). Pub. L. 116–283, § 923(c)(21)(A)(ii)(II), in- serted ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’. Subsec. (b)(3). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), in- serted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232 renumbered section 8964 of this title as this section. 1987—Pub. L. 100–180 substituted ‘‘warrant officers and enlisted members’’ for ‘‘Air Force warrant officers; regular enlisted members’’ in section catchline, and amended text generally. Prior to amendment, text read as follows: ‘‘Each warrant officer of the Air Force, and each enlisted member of the Regular Air Force, who is retired before or after this title is enacted is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the grade that is equal to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Air Force.’’ 1984—Pub. L. 98–525 substituted ‘‘highest grade’’ for ‘‘highest temporary grade’’. 1958—Pub. L. 85–861 struck out ‘‘after September 8, 1940 and before July 1, 1946’’ after ‘‘Secretary of the Air Force’’. 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 1987 AMENDMENT Amendment by Pub. L. 100–180 applicable to any re- serve enlisted member who completes 30 years of serv- ice in Armed Forces before, on, or after Dec. 4, 1987, and no person to be paid retired pay at higher rate by rea- son of enactment of Pub. L. 100–180 for any period be- fore Dec. 4, 1987, see section 512(f) of Pub. L. 100–180, set out as a note under section 3964 of this title. § 9345. Restoration to former grade: retired war- rant officers and enlisted members Each retired warrant officer or enlisted mem- ber of the Air Force or the Space Force who has been advanced on the retired list to a higher commissioned grade under section 9344 of this title, and who applies to the Secretary of the Air Force within three months after his ad- vancement, shall, if the Secretary approves, be restored on the retired list to his former war- rant-officer or enlisted status, as the case may be. (Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8965; Pub. L. 100–180, div. A, title V, § 512(d)(3), Dec. 4, 1987, 101 Stat. 1090; Pub. L. 100–456, div. A, title XII, § 1233(i)(2)(A), Sept. 29, 1988, 102 Stat. 2058; re- numbered § 9345 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(21)(B), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8965 ......... 10:1006. June 29, 1948, ch. 708, § 204, 62 Stat. 1086. The words ‘‘hereafter’’, ‘‘rank or’’, and ‘‘shall there- after be deemed to be enlisted or warrant officer per- sonnel, as appropriate, for all purposes’’ are omitted as surplusage. The words ‘‘three months from June 29, 1948’’ and ‘‘whichever is later’’ are omitted as executed. Editorial Notes PRIOR PROVISIONS A prior section 9345, added Pub. L. 105–85, div. A, title V, § 542(c)(1), Nov. 18, 1997, 111 Stat. 1742; amended Pub. L. 106–65, div. A, title V, § 535(c), Oct. 5, 1999, 113 Stat. 606; Pub. L. 109–364, div. A, title V, § 531(c), Oct. 17, 2006, 120 Stat. 2199, related to exchange program with foreign military academies, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525. Another prior section 9345, act Aug. 10, 1956, ch. 1041, 70A Stat. 565, related to selection of Filipinos for in- struction at the Air Force Academy, prior to repeal by Pub. L. 98–94, title X, § 1004(c)(2), (d), Sept. 24, 1983, 97 Stat. 660, effective one year after Sept. 24, 1983. A prior section 9345a, added Pub. L. 110–417, [div. A], title V, § 541(c)(1), Oct. 14, 2008, 122 Stat. 4456; amended Page 3496 TITLE 10—ARMED FORCES § 9346 Pub. L. 113–291, div. A, title V, § 553(c), Dec. 19, 2014, 128 Stat. 3377, related to foreign and cultural exchange ac- tivities, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525. AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘member of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8965 of this title as this section and substituted ‘‘section 9344’’ for ‘‘section 8964’’. 1988—Pub. L. 100–456 substituted ‘‘retired’’ for ‘‘Reg- ular Air Force’’ in section catchline. 1987—Pub. L. 100–180 struck out ‘‘Regular’’ before ‘‘Air Force who’’. 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. § 9346. Retired lists (a) The Secretary of the Air Force shall main- tain a retired list containing the name of each retired commissioned officer of the Regular Air Force and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)). (b)(1) The Secretary shall maintain a retired list containing the name of— (A) each person entitled to retired pay under any law providing retired pay for commis- sioned officers of the Air Force, other than of the Regular Air Force; and (B) each retired warrant officer or enlisted member of the Air Force who is advanced to a commissioned grade. (2) The Secretary shall maintain a retired list containing the name of— (A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and (B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade. (c) The Secretary shall maintain a retired list containing the name of each retired warrant of- ficer of the Air Force and a separate retired list containing the name of each retired warrant of- ficer of the Space Force. (d) The Secretary shall maintain a retired list containing the name of each retired enlisted member of the Regular Air Force and a separate retired list containing the name of each retired enlisted member of the Space Force. (Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8966; Pub. L. 85–861, § 1(199), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 100–180, div. A, title V, § 512(d)(3), Dec. 4, 1987, 101 Stat. 1090; renumbered § 9346, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(21)(C), Jan. 1, 2021, 134 Stat. 3812; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(4), Dec. 22, 2023, 137 Stat. 664.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8966(a) ..... 8966(b) ..... 8966(c) ..... 10:1001. 10:1036. [No source]. June 29, 1948, ch. 708, §§ 201, 301(a), 62 Stat. 1084, 1087. 8966(d) ..... [No source]. In subsections (a), (b), and (d), the word ‘‘maintain’’ is substituted for the word ‘‘establish’’, and in sub- section (c) the word ‘‘maintain’’ is substituted for the word ‘‘established’’, since the lists have been estab- lished and are published annually. In subsection (a), the words ‘‘Effective upon June 29, 1948’’ are omitted as executed. 10:1001 (last 12 words of 1st sentence, and last sentence) is omitted as no longer required, since, upon enactment of this title, laws re- ferring to the limited or unlimited retired list will be expressly repealed. In subsection (b), the word ‘‘shall’’ is substituted for the word ‘‘may’’, since 10:1036 further requires that such a list be published annually in the Register. The requirement as to publication necessarily implies that the list must be maintained. Subsection (b)(1) is substituted for the words ‘‘all commissioned officers and former commissioned offi- cers * * * or the Air Force of the United States, as the case may be * * * or the Regular Air Force, heretofore or hereafter granted retirement pay under sections 456, 456a, and 1036a of this title, or any law hereafter en- acted to provide retirement pay for commissioned offi- cers * * * or the Regular Air Force’’. In subsection (b)(2), the words ‘‘who is advanced to a commissioned grade’’ are substituted for the words ‘‘heretofore or hereafter retired under any provision of law who, by reason of service in temporary commis- sioned grades * * * or the Air Force of the United States, or in any of the respective components thereof, are entitled to be retired with commissioned rank or grade’’. Subsections (c) and (d) are inserted, since sections 8964 and 8965 of this title refer to service on the retired list as a warrant officer or enlisted member. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8966(a) ..... 8966(b) ..... 10 App.:1001. 10 App.:1036. July 24, 1956, ch. 677, § 2(f), (g), 70 Stat. 623. Editorial Notes PRIOR PROVISIONS Prior sections 9346 to 9356 were renumbered sections 9446 to 9456 of this title, respectively. Another prior section 9356, added Pub. L. 103–337, div. A, title V, § 556(c)(1), Oct. 5, 1994, 108 Stat. 2775, related to position of athletic director of Academy and to ad- ministration of nonappropriated fund account for ath- letics program of Academy, prior to repeal by Pub. L. 104–106, div. A, title V, § 533(c)(1), Feb. 10, 1996, 110 Stat. 315. Prior sections 9357 to 9360 were renumbered sections 9457 to 9460 of this title, respectively. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 1719A(b)(4)(A), sub- stituted ‘‘and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2))’’ for ‘‘or the Reg- ular Space Force’’. Subsec. (b). Pub. L. 118–31, § 1719A(b)(4)(B)(i), (ii), (v), inserted par. (1) designation before ‘‘The Secretary’’, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (b)(1)(A). Pub. L. 118–31, § 1719A(b)(4)(B)(iii), struck out ‘‘, or for commissioned officers of the Space