Title 10 — Armed ForcesRelease 119-73
§9344 Higher grade after 30 years of service: warrant officers and enlisted members
Title 10 › Subtitle Subtitle D— - Air Force and Space Force › Part PART II— - PERSONNEL › Chapter CHAPTER 943— - RETIRED GRADE › § 9344
Summary
When an Air Force or Space Force retiree left the service with less than 30 years of active duty, they must be moved up on the retired list once their active service plus time on the retired list equals 30 years. They move to the highest rank they held and served satisfactorily, as decided by the Secretary of the Air Force. This rule applies to warrant officers, Regular enlisted members, and reserve enlisted members who were on active duty at retirement (or National Guard members on full-time duty).
Full Legal Text
Title 10, §9344
Armed Forces — Source: USLM XML via OLRC
(a)Each retired member of the Air Force or the Space 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 or the Space Force;
(2)enlisted members of the Regular Air Force or the Space Force; and
(3)reserve enlisted members of the Air Force or the Space 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).
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 896410:594 (1st proviso, less last 39 words; and last proviso).10:1004 (less 30 words before proviso).Aug. 21, 1941, ch. 384, § 5 (1st proviso, less last 39 words; and last proviso); restated
June 29, 1948, ch. 708, § 203 (c) (1st proviso, less last 39 words; and last proviso), 62 Stat. 1085;
May 29, 1954, ch. 249, § 19(f), 68 Stat. 167.
June 29, 1948, ch. 708, § 203(e) (less 30 words before proviso), 62 Stat. 1086. 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 sectionSource (U.S. Code)Source (Statutes at Large) 896410 App.:1004.
May 31, 1956, ch. 348, § 1, 70 Stat. 222.
Editorial Notes
Prior Provisions
A prior section 9344, act Aug. 10, 1956, ch. 1041, 70A Stat. 564; Pub. L. 98–94, title X, § 1004(c)(1), Sept. 24, 1983, 97 Stat. 659; Pub. L. 105–85, div. A, title V, § 543(c), Nov. 18, 1997, 111 Stat. 1744; Pub. L. 106–65, div. A, title V, § 534(c), Oct. 5, 1999, 113 Stat. 605; Pub. L. 106–398, § 1 [[div. A], title V, § 532(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–110; Pub. L. 107–107, div. A, title V, § 533(c)(1), (2), Dec. 28, 2001, 115 Stat. 1106, related to selection of persons from foreign countries to receive instruction at the United States Air Force Academy, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525. See section 347 of this title.
Amendments
2023—Subsec. (b)(2). Pub. L. 118–31 struck out “Regular” before “Space Force”. 2021—Subsec. (a). Pub. L. 116–283, § 923(c)(21)(A)(i), inserted “or the Space Force” after “member of the Air Force”. Subsec. (b)(1). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”. Subsec. (b)(2). Pub. L. 116–283, § 923(c)(21)(A)(ii)(II), inserted “or the Regular Space Force” after “Regular Air Force”. Subsec. (b)(3). Pub. L. 116–283, § 923(c)(21)(A)(ii)(I), inserted “or the Space Force” after “Air Force”. 2018—Pub. L. 115–232 renumbered section 8964 of this title as this section. 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”.
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 1987 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 9344
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73