§9342. Higher grade for service in special positions

Upon retirement, any permanent professor of the United States Air Force Academy whose grade is below brigadier general, and whose service as such a professor has been long and distinguished, may, in the discretion of the President, be retired in the grade of brigadier general.

(Aug. 10, 1956, ch. 1041, 70A Stat. 554 , §8962; Pub. L. 85–861, §1(197), Sept. 2, 1958, 72 Stat. 1541 ; Pub. L. 89–288, §6, Oct. 22, 1965, 79 Stat. 1050 ; Pub. L. 96–343, §13(b)(1), (2), Sept. 8, 1980, 94 Stat. 1131 ; Pub. L. 96–513, title V, §504(20), Dec. 12, 1980, 94 Stat. 2917 ; Pub. L. 104–106, div. A, title V, §502(c), (d)(1), Feb. 10, 1996, 110 Stat. 293 ; renumbered §9342, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833 .)

In subsection (a), the words "who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title" are substituted for the words "while serving in accordance with the provisions of subsection (b) or (c) of this section".

In subsection (b), the words "in that grade" are substituted for the words "in such higher temporary grade". The words "under section 8071 of this title" are inserted for clarity.

In subsection (c), the words "Upon retirement" are substituted for the words "When * * * is retired". The word "allowances" is omitted, since retired officers are not entitled to allowances. The words "grade is below brigadier general" are inserted, since any permanent professor who has the grade of brigadier general retires in that grade under section 9335 of this title.

The amendment reflects section 1 of the Act of May 31, 1956, ch. 348 (70 Stat. 222), which in effect amended section 8963 of this title to cover regular and reserve officers covered by section 8962(b). As to temporary officers, section 8962(b) is obsolete. (See opinion of the Judge Advocate General of the Air Force, May 2, 1957.)

Editorial Notes

Prior Provisions

A prior section 9342 was renumbered section 9442 of this title.

Amendments

2018-Pub. L. 115–232 renumbered section 8962 of this title as this section.

1996-Pub. L. 104–106 designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: "Upon retirement, a commissioned officer of the Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty."

1980-Pub. L. 96–343, §13(b)(2), substituted "positions" for "positions: regular commissioned officers" in section catchline.

Subsec. (a). Pub. L. 96–513 substituted "or (4)" for "(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)".

Pub. L. 96–343, §13(b)(1), substituted "Air Force who has" for "Regular Air Force who has" and "in which he served on active duty" for "held by him at any time on the active list".

1965-Subsec. (a). Pub. L. 89–288 added the Surgeon General of the Air Force to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.

1958-Subsecs. (b), (c). Pub. L. 85–861 redesignated subsec. (c) as (b), and struck out former subsec. (b) which related to retirement grade of a woman Air Force officer who served at least two and one-half years on active duty in the temporary grade of colonel in the Air Force under section 8071 of this title.

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.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Appointment by President of Retired Commissioned Officer of Reserve Component to Higher Retired Grade; Recalculation of Pay

For authority of the President to appoint a retired commissioned officer of a reserve component to a higher retired grade and for recalculation of pay, see section 13(c) of Pub. L. 96–343, set out as a note under section 7342 of this title.

Retired Grade for Certain General Officers

Extension of privilege granted by subsec. (a) of this section, to officers, heretofore or hereafter retired, who served in the grade of general or lieutenant general after Dec. 7, 1941, and before July 1, 1946, see section 38 of act Aug. 10, 1956, set out as a note under section 7342 of this title.