2018 US Code
Title 10 - Armed Forces
Subtitle D - Air Force
Part II - Personnel
Chapter 941 - Retirement for Length of Service
Sec. 9324 - Forty years or more: Air Force officers
10 U.S.C. § 9324 (2018) | ||||||
§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. |
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(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.) |
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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. AMENDMENTS2018—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". EFFECTIVE DATE OF 2018 AMENDMENTAmendment 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 1980 AMENDMENTAmendment 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. |
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United States Code, 2018 Edition, Title 10 - ARMED FORCES | ||||||
Bills and Statutes | ||||||
United States Code | ||||||
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Title 10 - ARMED FORCES Subtitle D - Air Force PART II - PERSONNEL CHAPTER 941 - RETIREMENT FOR LENGTH OF SERVICE Sec. 9324 - Forty years or more: Air Force officers |
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section 9324 | ||||||
2018 | ||||||
January 14, 2019 | ||||||
Yes | ||||||
standard | ||||||
22 Stat. 118 94 Stat. 2917 132 Stat. 1833 |
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Public Law 96-513, Public Law 115-232 |