Title 10 — Armed ForcesRelease 119-73
§9138 Regular Air Force and Space Force: reenlistment after service as an officer
Title 10 › Subtitle Subtitle D— - Air Force and Space Force › Part PART II— - PERSONNEL › Chapter CHAPTER 913— - ENLISTMENTS › § 9138
Summary
A former enlisted member of the Regular Air Force or the Space Force who later served on active duty as an officer may re-enlist in the same enlisted grade they held before becoming an officer. To qualify, their officer service must end honorably (not while awaiting appeal of a sentence that includes dismissal or dishonorable discharge), and they must apply within six months unless the Secretary of the Air Force allows more time. Reenlistment keeps their seniority and service credit and is allowed even if there is no vacancy or they have a duty‑related disability. They cannot reenlist under this rule if they were discharged for misconduct, moral or professional failings, poor performance for their grade, retention that would harm national security, or if their prior enlisted status existed only because they were in a precommissioning program that led to their commission.
Full Legal Text
Title 10, §9138
Armed Forces — Source: USLM XML via OLRC
(a)Any former enlisted member of the Regular Air Force or the Space Force who has served on active duty as an officer of the Air Force or the Space Force, or who was discharged as an enlisted member to accept an appointment as an officer of the Air Force or the Space Force, is entitled to be reenlisted in the Regular Air Force or the Space Force in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its inception in line of duty, if (1) his service as an officer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Air Force prescribes for exceptional circumstances) after termination of that service.
(b)A person is not entitled to be reenlisted under this section if—
(1)the person was discharged or released from active duty as an officer on the basis of a determination of—
(A)misconduct;
(B)moral or professional dereliction;
(C)duty performance below prescribed standards for the grade held; or
(D)retention being inconsistent with the interests of national security; or
(2)the person’s former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that person during the active duty from which the person was released or discharged.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 825810:631a (less last proviso).
July 14, 1939, ch. 267, § 1 (less last proviso); restated
May 29, 1954, ch. 249, § 19(b) (less last proviso), 68 Stat. 166. The words “former” and “as an enlisted member” are inserted for clarity. The words “credit for service” are substituted for the words “of service”. The words “in his grade” are substituted for the words “in the appropriate enlisted grade”. The words “he applies” are substituted for the words “application * * * shall be made”. The words “Hereafter” and “while on active duty” are omitted as surplusage.
Editorial Notes
Amendments
2023—Pub. L. 118–31, § 1721(a)(2)(B), struck out “Regular” before “Space Force:” in section catchline. Subsec. (a). Pub. L. 118–31, § 1721(a)(2)(A), struck out “Regular” before “Space Force” in two places. 2021—Pub. L. 117–81 renumbered section 9132 of this title relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer as this section. Pub. L. 116–283, § 923(c)(2)(B), which directed the amendment of “such section 9132” by substituting “9132” for “9138” as the section designation and “Regular Air Force and Regular Space Force: reenlistment after service as an officer” for “Regular Air Force: reenlistment after service as an officer” as the section catchline, was executed to this section to reflect the probable intent of Congress. Subsec. (a). Pub. L. 116–283, § 923(c)(2)(A), inserted “or the Regular Space Force” after “Regular Air Force” in two places and “or the Space Force” after “officer of the Air Force” in two places. 2018—Pub. L. 115–232 renumbered section 8258 of this title as this section. 2008—Subsec. (a). Pub. L. 110–181, § 506(b)(1), substituted “duty as an officer of the Air Force” for “duty as a reserve officer of the Air Force” and “an appointment” for “a temporary appointment”. Subsec. (b)(1). Pub. L. 110–181, § 506(b)(2)(A), substituted “an officer” for “a Reserve officer” in introductory provisions. Subsec. (b)(2). Pub. L. 110–181, § 506(b)(2)(B), substituted “the commission” for “the Reserve commission”. 1992—Pub. L. 102–484 designated existing provisions as subsec. (a), added subsec. (b), and struck out at end of subsec. (a) “However, if his service as an officer terminated by a general discharge, he may, under
Regulations
to be prescribed by the Secretary of the Air Force, be so reenlisted.” 1958—Pub. L. 85–603 limited entitlement to be reenlisted in enlisted grade to those officers whose service terminated by an honorable discharge and those relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and provided that persons whose service terminated by a general discharge, may, under
Regulations
to be prescribed by the Secretary of the Air Force, be so reenlisted.
Statutory Notes and Related Subsidiaries
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 1992 AmendmentAmendment by Pub. L. 102–484 applicable to persons discharged or released from active duty as commissioned officers in the Air Force Reserve after Oct. 23, 1992, see section 520(c) of Pub. L. 102–484, set out as a note under section 3258 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 9138
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73