Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle D - AIR FORCE AND SPACE FORCEPart II - PERSONNEL
Chapter 941 - RETIREMENT FOR LENGTH OF SERVICE
Section 9314 - Twenty to thirty years: enlisted members

10 U.S.C. § 9314

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Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 9314 - 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 or the Space Force who has at least 20, but less than 30, years of service computed under section 9325 of this title may, upon his request, be retired.

10 U.S.C. § 9314

Aug. 10, 1956, ch. 1041, 70A Stat. 550, §8914; 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; renumbered §9314 and amended Pub. L. 115-232, div. A, title VIII, §§806(b)(13), Aug. 13, 2018, 809, Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116-283, div. A, title IX, §923(c)(14), Jan. 1, 2021, 134 Stat. 3811.

HISTORICAL AND REVISION NOTES
Revised sectionSource (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.

EDITORIAL NOTES

PRIOR PROVISIONSPrior sections 9314, 9314a, 9314b, and 9315 were renumbered sections 9414, 9414a, 9414b, and 9415 of this title, respectively.A prior section 9316, added Pub. L. 101-510, div. A, title XIV, §1439(c), Nov. 5, 1990, 104 Stat. 1689, related to training and support for A-10 aircraft, prior to repeal by Pub. L. 110-417 [div. A], title III, §353(a), Oct. 14, 2008, 122 Stat. 4425.

AMENDMENTS2021- Pub. L. 116-283 inserted "or the Space Force" after "member of the Air Force".2018- Pub. L. 115-232 renumbered section 8914 of this title as this section and substituted "section 9325" for "section 8925".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".

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.

EFFECTIVE DATE OF 1980 AMENDMENT 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 7314 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 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.

active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
enlisted member
The term "enlisted member" means a person in an enlisted grade.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.