
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8964]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                       CHAPTER 869--RETIRED GRADE
 
Sec. 8964. Higher grade after 30 years of service: warrant 
        officers and enlisted members
        
    (a) Each retired member of the Air Force covered by subsection (b) 
who is retired with less than 30 years of active service is entitled, 
when his active service plus his service on the retired list totals 30 
years, to be advanced on the retired list to the highest grade in which 
he served on active duty satisfactorily (or, in the case of a member of 
the National Guard, in which he served on full-time duty 
satisfactorily), as determined by the Secretary of the Air Force.
    (b) This section applies to--
        (1) warrant officers of the Air Force;
        (2) enlisted members of the Regular Air Force; and
        (3) reserve enlisted members of the Air Force who, at the time 
    of retirement, are serving on active duty (or, in the case of 
    members of the National Guard, on full-time duty).

(Aug. 10, 1956, ch. 1041, 70A Stat. 555; Pub. L. 85-861, Sec. 1(198A), 
Sept. 2, 1958, 72 Stat. 1541; Pub. L. 98-525, title V, Sec. 533(c), Oct. 
19, 1984, 98 Stat. 2528; Pub. L. 100-180, div. A, title V, Sec. 512(c), 
Dec. 4, 1987, 101 Stat. 1090.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8964..................................  10:594 (1st proviso, less last 39    Au
g. 21, 1941, ch. 384, Sec.  5
                                         words; and last proviso).            (
1st proviso, less last 39 words;
                                        10:1004 (less 30 words before         a
nd last proviso); restated June
                                         proviso).                            2
9, 1948, ch. 708, Sec.  203 (c)
                                                                              (
1st proviso, less last 39 words;
                                                                              a
nd last proviso), 62 Stat. 1085;
                                                                              M
ay 29, 1954, ch. 249, Sec.
                                                                              1
9(f), 68 Stat. 167.
                                        ...................................  Ju
ne 29, 1948, ch. 708, Sec.
                                                                              2
03(e) (less 30 words before
                                                                              p
roviso), 62 Stat. 1086.
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---------------------------------

    The words ``when his active service plus his service on the retired 
list totals 30 years'' are substituted for the words ``upon the 
completion of thirty years' [years of] service, to include the sum of 
his active service and his service on the retired list'', in 10:594 and 
1004. The words ``under any provision of law'', in 10:594 and 1004; 
``officer, flight officer, or warrant officer'', in 10:594; and 
``commissioned, warrant, or enlisted'', in 10:1004; are omitted as 
surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as 
superseded by section 1372 of this title.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8964..................................  10 App.:1004.                        Ma
y 31, 1956, ch. 348, Sec.  1, 70
                                                                              S
tat. 222.
-------------------------------------------------------------------------------
---------------------------------

                               Amendments

    1987--Pub. L. 100-180 substituted ``warrant officers and enlisted 
members'' for ``Air Force warrant officers; regular enlisted members'' 
in section catchline, and amended text generally. Prior to amendment, 
text read as follows: ``Each warrant officer of the Air Force, and each 
enlisted member of the Regular Air Force, who is retired before or after 
this title is enacted is entitled, when his active service plus his 
service on the retired list totals 30 years, to be advanced on the 
retired list to the grade that is equal to the highest grade in which he 
served on active duty satisfactorily, as determined by the Secretary of 
the Air Force.''
    1984--Pub. L. 98-525 substituted ``highest grade'' for ``highest 
temporary grade''.
    1958--Pub. L. 85-861 struck out ``after September 8, 1940 and before 
July 1, 1946'' after ``Secretary of the Air Force''.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-180 applicable to any reserve enlisted 
member who completes 30 years of service in Armed Forces before, on, or 
after Dec. 4, 1987, and no person to be paid retired pay at higher rate 
by reason of enactment of Pub. L. 100-180 for any period before Dec. 4, 
1987, see section 512(f) of Pub. L. 100-180, set out as a note under 
section 3964 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8965, 8992 of this title.
