2016 US Code
Title 10 - Armed Forces
Subtitle D - Air Force
Part II - Personnel
Chapter 869 - Retired Grade
Sec. 8963 - Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct

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Citation 10 U.S.C. § 8963 (2016)
Section Name §8963. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct
Section Text

(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.

Source Credit

(Added Pub. L. 104–201, div. A, title V, §532(c)(1), Sept. 23, 1996, 110 Stat. 2519.)

Editorial Notes PRIOR PROVISIONS

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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle D - Air Force
PART II - PERSONNEL
CHAPTER 869 - RETIRED GRADE
Sec. 8963 - Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct
Contains section 8963
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 72 Stat. 1513
94 Stat. 2917
99 Stat. 736
110 Stat. 2519
Public Law References Public Law 85-861, Public Law 96-513, Public Law 99-145, Public Law 104-201
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