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LegalText 10 U.S.C. § 9324 Forty years or more: Air Force officers and Space Force officers us united_states_code code_section 10 ARMED FORCES 941 RETIREMENT FOR LENGTH OF SERVICE 9324 10 U.S.C. § 9324 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s9324 data/legal/raw/us/code/title-10/usc10.xml 006d3701168a6e84b2b2531c4d01346c8e7358c99ca57eb1e488ed53a2fc242e 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 83f0e554720e5d7b82c30d11ec10e96d86dbb6a8de547905b7bc917ec9f49c6b 2026-07-04 official
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10 U.S.C. § 9324 - Forty years or more: Air Force officers and Space Force officers

Text

(a) Except as provided in section 1186 of this title, a commissioned officer of the Air Force or the Space 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 or the Space Force who has at least 40 years of service computed under section 9326(a) of this title shall be retired upon his request.

(Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8924; Pub. L. 96513, title V, § 504(18), Dec. 12, 1980, 94 Stat. 2917; renumbered § 9324 and amended Pub. L. 115232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116283, div. A, title IX, § 923(c)(17)(A), (B), Jan. 1, 2021, 134 Stat. 3812.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 8924(a)8924(b)10:942 (as applicable to commissioned officers).10:942 (less applicability to commissioned officers).June 30, 1882, ch. 254 (last 21 words of 3d proviso under “Pay Department”), 22 Stat. 118. 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.

Editorial Notes

Amendments2021—Pub. L. 116283 substituted “Forty years or more: Air Force officers and Space Force officers” for “Forty years or more: Air Force officers” in section catchline and inserted “or the Space Force” after “Air Force” in subsecs. (a) and (b). 2018—Pub. L. 115232, § 809(a), substituted “section 9326” for “section 8926” in subsec. (a) and “section 9326(a)” for “section 8926(a)” in subsec. (b). Pub. L. 115232, § 806(b)(13), renumbered section 8924 of this title as this section. 1980—Subsec. (a). Pub. L. 96513 substituted “section 1186” for “section 8786”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Sept. 15, 1981, see section 701 of Pub. L. 96513, set out as a note under section 101 of this title.