dreamproit/uscode huggingface dataset:
10 U.S.C. § 8888, 8889 (ARMED FORCES)
[§§ 8888, 8889. Repealed. Pub. L. 96–513, title II, § 216, Dec. 12, 1980, 94 Stat. 2886]
text: Section 8888, acts Aug. 10, 1956, ch. 1041, 70A Stat. 547; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(16), 71 Stat. 388; May 20, 1958, Pub. L. 85–422, § 11(a)(7), 72 Stat. 131; Sept. 2, 1958, Pub. L. 85–861, § 1(194), 72 Stat. 1538; Sept. 30, 1966, Pub. L. 89–609, § 1(30), 80 Stat. 854, related to computation of years of service for determining retired pay of a commissioned officer of Regular Air Force retired under section 8883, 8884, 8885, or 8886 of this title. See section 1405 of this title.
text: Section 8889, act Aug. 10, 1956, ch. 1041, 70A Stat. 548, provided that a member of Air Force retired under this chapter be entitled to retired pay computed under chapter 871 of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 8912 (ARMED FORCES)
[§ 8912. Repealed. Pub. L. 85–155, title IV, § 401(1), Aug. 21, 1957, 71 Stat. 390]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 549, permitted Secretary of Air Force, upon officer’s request, to retire an Air Force nurse, or a woman medical specialist, of Regular Air Force, who has at least 20 years of service computed under former section 8928 of this title.
10 U.S.C. § 8913 (ARMED FORCES)
[§ 8913. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 549; July 12, 1960, Pub. L. 86–616, § 9, 74 Stat. 395; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, provided for retirement of deferred officers not recommended for promotion after twenty years or more of service, except as provided in section 8301 of Title 5. See section 627 et seq. of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 8914 (ARMED FORCES)
§ 8914. Twenty to thirty years: enlisted members
Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force who has at least 20, but less than 30, years of service computed under section 8925 of this title may, upon his request, be retired.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550; 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.)
text: 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 Federal 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.
heading: Amendments
text: 1994—Pub. L. 103–337 struck out at end “A regular enlisted member then becomes a member of the Air Force Reserve. A member retired under this section shall perform 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 “enlisted 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 section” for “Air Force, and”.
heading: Effective Date of 1980 Amendment
text: 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 3914 of this title.
heading: Temporary Early Retirement Authority
text: 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 service 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.
10 U.S.C. § 8915, 8916 (ARMED FORCES)
[§§ 8915, 8916. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section 8915, acts Aug. 10, 1956, ch. 1041, 70A Stat. 550; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(18), 71 Stat. 389; Sept. 30, 1966, Pub. L. 89–609, § 1(31), 80 Stat. 854; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115; Nov. 8, 1967, Pub. L. 90–130, § 1(32)(A), 89 Stat. 382, authorized the Secretary of the Air Force to defer the retirement of any Air Force nurse or medical specialist in the regular grade of major until the 30th day after the officer completes 28 years of service. See section 632 of this title.
text: Section 8916, acts Aug. 10, 1956, ch. 1041, 70A Stat. 550; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(19), 71 Stat. 389, provided for retirement of a promotion-list lieutenant colonel, except as provided by section 8301 of title 5, on the 30th day after he completes 28 years of service, with authority for the Secretary of the Air Force to defer retirement in certain cases. See section 633 of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 8917 (ARMED FORCES)
§ 8917. Thirty years or more: regular enlisted members
A regular enlisted member of the Air Force who has at least 30 years of service computed under section 8925 of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550.)
text: 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 opinion 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 heretofore 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 section 8991 of this title.
10 U.S.C. § 8918 (ARMED FORCES)
§ 8918. Thirty years or more: regular commissioned officers
A regular commissioned officer of the Air Force who has at least 30 years of service computed under section 8926 of this title may be retired upon his request, in the discretion of the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550.)
text: 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 retirement of warrant officers for length of service is covered 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.
heading: Delegation of Functions
text: 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 authority 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.
10 U.S.C. § 8919 (ARMED FORCES)
[§ 8919. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section, act Aug. 10, 1956, ch 1041, 70A Stat. 551, authorized Secretary of Air Force, when he determined that there were too many commissioned officers on active list of Regular Air Force in any grade who have at least 30 years of service, to convene a board of at least five general officers of the Regular Air Force to make recommendations for retirement and to retire any officer so recommended.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 8920 (ARMED FORCES)
§ 8920. More than thirty years: permanent professors 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 following 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; Pub. L. 104–106, div. A, title V, § 509(b)(1), Feb. 10, 1996, 110 Stat. 298.)
text: 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 officer” are substituted for the word “commissioned”.
heading: Amendments
text: 1996—Pub. L. 104–106 substituted “permanent professors 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.”
10 U.S.C. § 8921 (ARMED FORCES)
§ 8921. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority
(a) Mandatory Retirement.—
Upon the termination 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 Defense 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 Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(3)(A), Oct. 5, 1999, 113 Stat. 603; amended Pub. L. 108–375, div. A, title V, § 541(a)(3), (c)(3)(A), Oct. 28, 2004, 118 Stat. 1902, 1904.)
heading: Prior Provisions
text: A prior section 8921, acts Aug. 10, 1956, ch. 1041, 70A Stat. 551; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, provided for retirement of a promotion-list colonel, except as provided by section 8301 of title 5, on 30th day after he completes 30 years of service or 5th anniversary of date of his appointment in that regular grade, whichever is later, with authority for Secretary of Air Force to defer retirement in certain cases, prior to repeal by Pub. L. 96–513, title II, § 217(a), title VII, § 701, Dec. 12, 1980, 94 Stat. 2886, 2995, effective Sept. 15, 1981.
heading: Amendments
text: 2004—Pub. L. 108–375 inserted “; waiver authority” after “Academy” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Application of Section to Superintendents Serving on October 5, 1999
text: 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.
10 U.S.C. § 8922, 8923 (ARMED FORCES)
[§§ 8922, 8923. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section 8922, acts Aug. 10, 1956, ch. 1041, 70A Stat. 551; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, provided for retirement of a regular grade brigadier general, other than a professor of the United States Air Force Academy, except as provided by section 8301 of title 5, on 30th day after he completes 30 years of service or 5th anniversary of date of his appointment in that regular grade, whichever is later, with authority for Secretary of Air Force to defer retirement in certain cases. See section 635 of this title.
text: Section 8923, acts Aug. 10, 1956, ch. 1041, 70A Stat. 552; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat 1115, provided for retirement of a regular grade major general, except as provided by section 8301 of title 5, on 30th day after he completes 35 years of service or 5th anniversary of his appointment in that regular grade, whichever is later, with authority for Secretary of Air Force to defer retirement in certain cases. See section 636 of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 8924 (ARMED FORCES)
§ 8924. Forty years or more: Air Force officers
(a) Except as provided in section 1186 of this title, a commissioned officer of the Air Force who has at least 40 years of service computed under section 8926 of this title shall be retired upon his request.
(b) Any warrant officer of the Air Force who has at least 40 years of service computed under section 8926(a) of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 552; Pub. L. 96–513, title V, § 504(18), Dec. 12, 1980, 94 Stat. 2917.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
8924(a)
8924(b)
10:942 (as applicable to commissioned officers).
10:942 (less applicability to commissioned officers).
June 30, 1882, ch. 254 (last 21 words of 3d proviso under “Pay Department”), 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 application therefor to the President”.
In subsection (b), the applicability of 10:942 to warrant officers is based on an opinion of the Judge Advocate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 applicable to warrant officers.
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–513 substituted “section 1186” for “section 8786”.
heading: Effective Date of 1980 Amendment
text: 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.
10 U.S.C. § 8927 (ARMED FORCES)
[§ 8927. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 553; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(20), 71 Stat. 389; May 20, 1958, Pub. L. 85–422, § 11(a)(8), 72 Stat. 131; Sept. 2, 1958, Pub. L. 85–861, § 1(196), 72 Stat. 1540; Sept. 30, 1966, Pub. L. 89–609, § 1(33), 80 Stat. 854, related to computation of years of service for determining whether a regular commissioned officer should be retired under section 8913, 8915, 8916, 8919, 8921, 8922, or 8923 of this title and for determining retired pay of officers of Regular Air Force retired under section 8913, 8915, 8916, 8919, 8921, 8922, or 8923 of this title. See section 1405 of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 8928 (ARMED FORCES)
[§ 8928. Repealed. Pub. L. 85–155, title IV, § 401(1), Aug. 21, 1957, 71 Stat. 390]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 554, related to computation of years of service of Air Force Nurses or women medical specialists for purposes of retirement under former section 8912 of this title, or retirement pay under section 8991 of this title.
10 U.S.C. § 8929 (ARMED FORCES)
§ 8929. Computation of retired pay: law applicable
A member of the Air Force retired under this chapter is entitled to retired pay computed under chapter 871 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
8929
[No source].
[No source].
The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.
10 U.S.C. § 8961 (ARMED FORCES)
§ 8961. General rule
(a) The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title.
(b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554; Pub. L. 96–513, title V, § 504(19), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 103–337, div. A, title XVI, § 1674(c)(2), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 106–398, § 1 [[div. A], title V, § 506(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
8961
10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade).
10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade).
10:947a (last 11 words).
Aug. 7, 1947, ch. 512, §§ 514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 902, 905.
10:1025.
Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504.
R.S. 1254.
The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–398 struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”.
1994—Subsec. (a). Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”.
1980—Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted “not covered by subsection (a)” after “a Regular or Reserve of the Air Force”.
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–398 applicable to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of Title 32, National Guard, after Oct. 1, 1996, see section 1 [[div. A], title V, § 506(c)] of Pub. L. 106–398, set out as a note under section 3961 of this title.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
heading: Effective Date of 1980 Amendment
text: 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.
10 U.S.C. § 8963 (ARMED FORCES)
§ 8963. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct
(a) A Reserve enlisted member of the Air Force described in subsection (b) who is retired under section 8914 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Air Force.
(b) This section applies to a Reserve enlisted member who—
(1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest enlisted grade held by the member while on active duty (or full-time National Guard duty); and
(2) was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Air Force.
(c) This section applies with respect to Reserve enlisted members who are retired under section 8914 of this title after September 30, 1996.
(Added Pub. L. 104–201, div. A, title V, § 532(c)(1), Sept. 23, 1996, 110 Stat. 2519.)
heading: Prior Provisions
text: A prior section 8963, acts Aug. 10, 1956, ch. 1041, 70A Stat. 555; Sept. 2, 1958, Pub. L. 85–861, § 1(156), (198), 72 Stat. 1513, 1541; Dec. 12, 1980, Pub. L. 96–513, title V, § 504(21), 94 Stat. 2917, related to higher grade for service during certain periods for regular and reserve commissioned officers, prior to repeal by Pub. L. 99–145, title XIII, § 1301(d)(2)(A), (C), Nov. 8, 1985, 99 Stat. 736, with such repeal not applicable in the case of an Air Force nurse or medical specialist described in section 8963 of this title, as such section was in effect on the day before Nov. 8, 1985.