CHAPTER 921—ACTIVE DUTY
9191.
Non-regular officers: status.
9203.
Retired commissioned officers: status.
Editorial Notes
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 841 of this title as this chapter and items 8491 and 8503 as 9191 and 9203, respectively.
1994—Pub. L. 103–337, div. A, title XVI, §1674(b)(4), Oct. 5, 1994, 108 Stat. 3016, struck out items 8495 "Air National Guard of United States: status", 8496 "Air National Guard of United States: commissioned officers; duty in National Guard Bureau", 8497 "Air National Guard of United States: members; status in which ordered into Federal service", 8498 "Air National Guard of United States: mobilization; maintenance of organization", 8499 "Air National Guard in Federal service: status", 8500 "Air National Guard in Federal service: call", 8501 "Air National Guard in Federal service: period of service; apportionment", and 8502 "Air National Guard in Federal service: physical examination".
1980—Pub. L. 96–513, title V, §504(13), Dec. 12, 1980, 94 Stat. 2917, struck out items 8494 "Commissioned officers: grade in which ordered to active duty" and 8504 "Retired commissioned officers: status".
1968—Pub. L. 90–235, §1(a)(4), Jan. 2, 1968, 81 Stat. 753, struck out item 8492 "Members: service extension during war".
1967—Pub. L. 90–130, §1(29)(B), Nov. 8, 1967, 81 Stat. 382, struck out ": limitations; grade" after "Retired members" in item 8504.
1958—Pub. L. 85–861, §1(181)(B), Sept. 2, 1958, 72 Stat. 1533, added item 8494.
§9191. Non-regular officers: status
A commissioned officer of the Air Force, other than of the Regular Air Force, who is on active duty in any commissioned grade has the rights and privileges, and is entitled to the benefits, provided by law for a commissioned officer of the Air Force Reserve—
(1) whose reserve grade is that in which the officer not of the Regular Air Force is serving;
(2) who has the same length of service as the officer not of the Regular Air Force; and
(3) who is on active duty in his reserve grade.
(Aug. 10, 1956, ch. 1041, 70A Stat. 524, §8491; renumbered §9191, Pub. L. 115–232, div. A, title VIII, §806(b)(5), Aug. 13, 2018, 132 Stat. 1832.)
The first 12 words are substituted for 10:506d(h) (1st 11 words). The words "has the rights and privileges, and is entitled to the benefits" are substituted for the words "shall be entitled * * * to the same rights, privileges, and benefits". Clause (1) is substituted for the words "in a grade the same as such 'active-duty grade' ". The words "as the officer not of the Regular Air Force" are substituted for the words "holding appointment in the Army Reserve". The words "his reserve grade" are substituted for the words "the grade held in the Army".
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 8491 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment 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.
§9203. Retired commissioned officers: status
A retired commissioned officer of the Air Force or the Space Force who is on active duty is considered, for all purposes except promotion, to be an officer of the organization to which he is assigned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 526, §8503; renumbered §9203, Pub. L. 115–232, div. A, title VIII, §806(b)(5), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 116–283, div. A, title IX, §923(c)(4), Jan. 1, 2021, 134 Stat. 3810.)
The words "and shall be an extra number therein" are omitted, since, in the opinion of the Judge Advocate General of the Army (JAG 210.85, Feb. 21, 1923), they were repealed by the Act of July 31, 1935, ch. 422, 49 Stat. 505. The words "in the discretion of the President, employed * * * assigned to duty" are omitted as surplusage. The words "arms, corps, department" are omitted, since the Air Force does not have organic corps created by statute.
Editorial Notes
Amendments
2021—Pub. L. 116–283 inserted "or the Space Force" after "the Air Force".
2018—Pub. L. 115–232 renumbered section 8503 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment 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.