dreamproit/uscode huggingface dataset:
10 U.S.C. § 9282 (ARMED FORCES)
§ 9282. Medals: posthumous award and presentation
(a) If a person dies before the award of a medal of honor, distinguished-service cross, distinguished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal or device presented to his representative, as designated by the President.
(b) If a person dies before an authorized service medal or device prescribed as a part thereof is presented to him under section 9281 of this title, it shall be presented to his family.
(Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8752; Pub. L. 85–861, § 33(a)(23), Sept. 2, 1958, 72 Stat. 1565; renumbered § 9282 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
8752(a)
8752(b)
10:1409 (words between 1st and 2d semicolons).
10:1429 (1st 49 words of last sentence).
10:1415a (21st through 30th words, less applicability to clauses (a) through (n)).
July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under “Ordnance Department”), 40 Stat. 871.
July 2, 1926, ch. 721, § 12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549.
May 12, 1928, ch. 528, § 1 (25th through 34th words, less applicability to clauses (a) through (n)), 45 Stat. 500.
In subsection (a), the words “If a person” are substituted for the words “In case an individual * * * dies”, in 10:1409, and “In case an individual * * * shall have died”, in 10:1429. The words “within three years from the date”, in 10:1409, are omitted as covered by section 8744 of this title. The words “who shall distinguish himself”, in 10:1409, and “who distinguishes himself”, in 10:1429, are omitted as covered by the words “the award * * * to which he is entitled”.
heading: 1958 Act
text: The change reflects the fact that the source statute for these sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was mandatory and not merely permissive.
heading: Amendments
text: 2018—Pub. L. 115–232, § 806(b)(11), renumbered section 8752 of this title as this section.
Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 9281” for “section 8751”.
1958—Subsec. (b). Pub. L. 85–861 substituted “it shall be presented” for “it may be presented”.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Effective Date of 1958 Amendment
text: Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
10 U.S.C. § 9284 (ARMED FORCES)
§ 9284. Medal of honor: duplicate medal
A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary of the Air Force may determine, as a duplicate or for display purposes only.
(Added Pub. L. 107–107, div. A, title V, § 553(c)(1)(A), Dec. 28, 2001, 115 Stat. 1116, § 8754; renumbered § 9284, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8754 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 9285 (ARMED FORCES)
§ 9285. Medal of honor: presentation of Medal of Honor Flag
The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36 to each person to whom a medal of honor is awarded under section 9271 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 9271 or 9282(a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.
(Added Pub. L. 107–248, title VIII, § 8143(c)(3)(A), Oct. 23, 2002, 116 Stat. 1570, § 8755; amended Pub. L. 107–314, div. A, title X, § 1062(a)(16), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, § 555(a), Oct. 17, 2006, 120 Stat. 2217; renumbered § 9285 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8755 of this title as this section and substituted “section 9271” for “section 8741” and “section 9271 or 9282(a)” for “section 8741 or 8752(a)”.
2006—Pub. L. 109–364 struck out “after October 23, 2002” after “section 8741 of this title” and inserted at end “In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.”
2002—Pub. L. 107–314 substituted “October 23, 2002” for “the date of the enactment of this section”.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Presentation of Flag for Prior Recipients of Medal of Honor
text: President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal of Honor as expeditiously as possible after Oct. 17, 2006, and for posthumous presentation to survivors of deceased recipients upon written application therefor, see section 555(b) of Pub. L. 109–364, set out as a note under section 7285 of this title.
10 U.S.C. § 9286 (ARMED FORCES)
§ 9286. Korea Defense Service Medal
(a) The Secretary of the Air Force shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Air Force served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c).
(b) In this section, the term “KDSM eligibility period” means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal.
(c) The Secretary of the Air Force shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.
(Added Pub. L. 107–314, div. A, title V, § 543(d)(1), Dec. 2, 2002, 116 Stat. 2550, § 8755; renumbered § 8756, Pub. L. 108–375, div. A, title X, § 1084(d)(33), Oct. 28, 2004, 118 Stat. 2063; renumbered § 9286, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 107–314, which was approved Dec. 2, 2002.
heading: Prior Provisions
text: Prior sections 9301 to 9306 were renumbered sections 9401 to 9406 of this title, respectively.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8756 of this title as this section.
2004—Pub. L. 108–375 renumbered section 8755 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 9307 (ARMED FORCES)
§ 9307. Aviation cadets: discharge
The Secretary of the Air Force may discharge an aviation cadet at any time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 545, § 8817; renumbered § 9307, Pub. L. 115–232, div. A, title VIII, § 806(b)(12), Aug. 13, 2018, 132 Stat. 1833.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
8817
10:299 (last sentence).
June 3, 1941, ch. 165, § 3 (last sentence), 55 Stat. 239.
10:299 (last sentence, less 1st 14 words) is omitted as superseded by section 681 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8817 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 9317 (ARMED FORCES)
§ 9317. 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 9325 of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550, § 8917; renumbered § 9317 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
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.
heading: Prior Provisions
text: A prior section 9317 was renumbered section 9417 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8917 of this title as this section and substituted “section 9325” for “section 8925”.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 9318 (ARMED FORCES)
§ 9318. 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 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; renumbered § 9318 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
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: Prior Provisions
text: A prior section 9319 was renumbered section 9419 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8918 of this title as this section and substituted “section 9326” for “section 8926”.
heading: Effective Date of 2018 Amendment
text: 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.
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. § 9320 (ARMED FORCES)
§ 9320. 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, § 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.)
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: Prior Provisions
text: A prior section 9320 was renumbered section 9420 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8920 of this title as this section.
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.”
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 9321 (ARMED FORCES)
§ 9321. 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, § 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.)
heading: Amendments
text: 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 existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 2018 Amendment
text: 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.
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. § 9324 (ARMED FORCES)
§ 9324. 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 9326 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 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.)
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: 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”.
heading: Effective Date of 2018 Amendment
text: 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.
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. § 9329 (ARMED FORCES)
§ 9329. Computation of retired pay: law applicable
A member of the Air Force retired under this chapter is entitled to retired pay computed under chapter 945 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8929; renumbered § 9329 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
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.
heading: Prior Provisions
text: Prior sections 9331 to 9336 were renumbered sections 9431 to 9436 of this title, respectively.
A prior section 9337, act Aug. 10, 1956, ch. 1041, 70A Stat. 562; Pub. L. 87–651, title I, § 117, Sept. 7, 1962, 76 Stat. 513, related to United States Air Force Academy chaplain, prior to repeal by Pub. L. 114–328, div. A, title V, § 591(a), Dec. 23, 2016, 130 Stat. 2152.
A prior section 9338 was renumbered section 9438 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8929 of this title as this section and substituted “chapter 945” for “chapter 871”.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 9343 (ARMED FORCES)
§ 9343. 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 9314 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 9314 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, § 8963; renumbered § 9343 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
heading: Prior Provisions
text: A prior section 9343 was renumbered section 9443 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232, § 806(b)(14), renumbered section 8963 of this title as this section.
Subsecs. (a), (c). Pub. L. 115–232, § 809(a), substituted “section 9314” for “section 8914”.
heading: Effective Date of 2018 Amendment
text: 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.