Title 10 — Armed ForcesRelease 119-73not60
§9038 Office of Air Force Reserve: Appointment of Chief
Title 10 › Subtitle Subtitle D— Air Force and Space Force › Part I— ORGANIZATION › Chapter 905— THE AIR STAFF › § 9038
Summary
Creates an Office of Air Force Reserve led by a Chief who advises the Air Force Chief of Staff on reserve matters. The President, with Senate approval, must pick the Chief from Air Force Reserve generals who have at least 10 years of commissioned Air Force service. The Secretary of Defense cannot recommend someone unless the Secretary of the Air Force recommends them and the Chairman of the Joint Chiefs of Staff finds they have significant joint duty experience under the Chairman’s process. The officer counts against the grade limits in sections 525 and 526. Until December 31, 2006, the Secretary of Defense may waive the joint-experience rule if the Secretary of the Air Force asks and the Secretary of Defense decides the person is qualified and the waiver is needed for the good of the service. The Chief serves a four-year term and can be removed for cause. One reappointment for another four years is allowed. The Chief must prepare, justify, and carry out the Air Force Reserve budgets for personnel, operations and maintenance, and construction, and manages those appropriations. The Chief also runs the Reserve’s Full Time Support Program. Each year the Chief must send a report, prepared with the Air Force Chief of Staff, to the Secretary of Defense through the Secretary of the Air Force; the report may be classified or unclassified.
Full Legal Text
Title 10, §9038
Armed Forces — Source: USLM XML via OLRC
(a)There is in the executive part of the Department of the Air Force an Office of Air Force Reserve which is headed by a chief who is the adviser to the Chief of Staff on Air Force Reserve matters.
(b)(1)The President, by and with the advice and consent of the Senate, shall appoint the Chief of Air Force Reserve from general officers of the Air Force Reserve who have had at least 10 years of commissioned service in the Air Force.
(2)The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Air Force Reserve unless the officer—
(A)is recommended by the Secretary of the Air Force; and
(B)is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience.
(3)An officer on active duty for service as the Chief of Air Force Reserve shall be counted for purposes of the grade limitations under section 525 and 526 of this title.
(4)Until December 31, 2006, the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Air Force Reserve if the Secretary of the Air Force requests the waiver and, in the judgment of the Secretary of Defense—
(A)the officer is qualified for service in the position; and
(B)the waiver is necessary for the good of the service.
(c)The Chief of Air Force Reserve is appointed for a period of four years, but may be removed for cause at any time. An officer serving as Chief of Air Force Reserve may be reappointed for one additional four-year period.
(d)The Chief of Air Force Reserve is the official within the executive part of the Department of the Air Force who, subject to the authority, direction, and control of the Secretary of the Air Force and the Chief of Staff, is responsible for preparation, justification, and execution of the personnel, operation and maintenance, and construction budgets for the Air Force Reserve. As such, the Chief of Air Force Reserve is the director and functional manager of appropriations made for the Air Force Reserve in those areas.
(e)The Chief of Air Force Reserve manages, with respect to the Air Force Reserve, the personnel program of the Department of Defense known as the Full Time Support Program.
(f)The Chief of Air Force Reserve shall submit to the Secretary of Defense, through the Secretary of the Air Force, an annual report on the state of the Air Force Reserve and the ability of the Air Force Reserve to meet its missions. The report shall be prepared in conjunction with the Chief of Staff of the Air Force and may be submitted in classified and unclassified versions.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 8038 of this title as this section. 2017—Subsec. (f). Pub. L. 115–91 struck out par. (1) designation before “The Chief” and struck out par. (2) which read as follows: “The Secretary of Defense shall transmit the annual report of the Chief of Air Force Reserve under paragraph (1) to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113 of this title is submitted to Congress.” 2016—Subsec. (c). Pub. L. 114–328, in heading, struck out “; Grade” after “Reappointment”, and in text, struck out par. (1) designation before “The Chief of Air Force Reserve” and struck out par. (2) which read as follows: “The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.” 2004—Subsec. (b)(4). Pub. L. 108–375 substituted “
December 31, 2006” for “
December 31, 2004”. 2002—Subsec. (b)(4). Pub. L. 107–314 substituted “
December 31, 2004” for “
October 1, 2003”. 2000—Subsec. (b). Pub. L. 106–398 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The President, by and with the advice and consent of the Senate, shall appoint the Chief of Air Force Reserve from officers of the Air Force Reserve not on active duty, or on active duty under section 10211 of this title, who— “(1) have had at least 10 years of commissioned service in the Air Force; “(2) are in grade of brigadier general and above; and “(3) have been recommended by the Secretary of the Air Force.” Subsec. (c). Pub. L. 106–398 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Chief of Air Force Reserve holds office for four years, but may be removed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of major general for service in the Air Force Reserve. However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general.” 1999—Subsec. (c). Pub. L. 106–65 inserted at end “However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general.” 1997—Subsec. (e). Pub. L. 105–85 struck out “(1)” before “The Chief of Air Force”. 1996—Subsecs. (d) to (f). Pub. L. 104–201 added subsecs. (d) to (f). 1994—Subsec. (b). Pub. L. 103–337 substituted “10211” for “265”. 1986—Pub. L. 99–433, § 521(a)(2), renumbered section 8019 of this title as this section. Subsec. (a). Pub. L. 99–433, § 522(g)(3), struck out the comma after “Chief of Staff”.
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 1999 Amendment; Applicability to IncumbentsAmendment by Pub. L. 106–65 effective 60 days after Oct. 5, 1999, with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of Pub. L. 106–65, set out as a note under section 7038 of this title.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an
Effective Date
note under section 10001 of this title.
Effective Date
Section effective on first day of first calendar month following date of enactment of Pub. L. 90–168, which was approved Dec. 1, 1967, see section 7 of Pub. L. 90–168, set out as an
Effective Date
of 1967 Amendment note under section 138 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 9038
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60