10 U.S.C. § 9311

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 9311 - Twenty years or more: regular or reserve commissioned officers

(a) The Secretary of the Air Force may, upon the officer's request, retire a regular or reserve commissioned officer of the Air Force or the Space Force who has at least 20 years of service computed under section 9326 of this title, at least 10 years of which have been active service as a commissioned officer.

(b)

(1) The Secretary of Defense may authorize the Secretary of the Air Force, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Air Force) of not less than eight years.

(2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.

10 U.S.C. § 9311

Aug. 10, 1956, ch. 1041, 70A Stat. 549, §8911; Pub. L. 101-510, div. A, title V, §523(c), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103-160, div. A, title V, §561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105-261, div. A, title V, §561(e), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106-398, §1[[div. A], title V, §571(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 109-163, div. A, title V, §502(c), Jan. 6, 2006, 119 Stat. 3225; Pub. L. 109-364, div. A, title X, §1071(a)(37), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111-383, div. A, title V, §506(c), Jan. 7, 2011, 124 Stat. 4210; Pub. L. 112-239, div. A, title V, §505(c), title X, §1076(e)(6), Jan. 2, 2013, 126 Stat. 1715, 1951; renumbered §9311 and amended Pub. L. 115-232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116-283, div. A, title IX, §923(c)(13), Jan. 1, 2021, 134 Stat. 3811.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
8911	10:943a.10:971b (1st 100 words).	July 31, 1935, ch. 422, §5 (1st 101 words); restated June 13, 1940, ch. 344, §3 (1st 45 words), 54 Stat. 380; June 29, 1948, ch. 708, §202 (1st 105 words), 62 Stat. 1084; July 16, 1953, ch. 203, 67 Stat. 175.

The words "a regular or reserve commissioned officer of the Air Force" are substituted for the words "any officer on the active list of the *** Regular Air Force *** or any officer of the reserve components of the *** Air Force of the United States". The words "Philippine Scouts" are omitted as obsolete. The words "has at least 20" are substituted for the words "shall have completed not less than twenty". The words "upon his request" are substituted for the words "upon his own application". The words "service computed under section 8926 of this title" are substituted for the words "active Federal service in the armed forces of the United States", since that revised section makes explicit the service covered.

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (a). Pub. L. 116-283 inserted "or the Space Force" after "officer of the Air Force". 2018- Pub. L. 115-232, §806(b) (13), renumbered section 8911 of this title as this section.Subsec. (a). Pub. L. 115-232, §809(a), substituted "section 9326" for "section 8926".2013-Subsec. (b)(2). Pub. L. 112-239, §1076(e)(6), substituted "January 7, 2011," for "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011". Pub. L. 112-239 substituted "September 30, 2018" for "September 30, 2013".2011-Subsec. (b)(2). Pub. L. 111-383 substituted "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013" for "January 6, 2006, and ending on December 31, 2008". 2006-Subsec. (b). Pub. L. 109-364 struck out second comma after "paragraph (2)" in par. (1) and substituted "January 6, 2006," for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006" in par. (2). Pub. L. 109-163 designated existing provisions as par. (1), substituted "during the period specified in paragraph (2)," for "during the period beginning on October 1, 1990, and ending on December 31, 2001", and added par. (2). 2000-Subsec. (b). Pub. L. 106-398 substituted "December 31, 2001" for "September 30, 2001".1998-Subsec. (b). Pub. L. 105-261 substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990".1993-Subsec. (b). Pub. L. 103-160 substituted "nine-year period" for "five-year period".1990- Pub. L. 101-510 designated existing provisions as subsec. (a) and added subsec. (b).

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.

TEMPORARY EARLY RETIREMENT AUTHORITY 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 a regular or reserve commissioned officer with at least 15 but less than 20 years of service by substituting "at least 15 years" for "at least 20 years" in subsec. (a) of this section, see section 4403 of Pub. L. 102-484, set out as a note under section 1293 of this title.

active service: The term "active service" means service on active duty or full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
officer: The term "officer" means a commissioned or warrant officer.