Retired commissioned officers: status

10 U.S.C. § 9203

• Title: 10 — Armed Forces
• Chapter: 921 — ACTIVE DUTY

Text

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.

History

(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.)

Editorial Notes

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are omitted, since, in the opinion of the Judge Advocate General of the Army (JAG 210.85, Feb. 21, 1923), they were repealed by the Act of July 31, 1935, ch. 422, 49 Stat. 505.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.

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 843 of this title as this chapter and items 8547 and 8548 as 9217 and 9218, respectively.
2016—Pub. L. 114–328, div. A, title V, §502(pp)(2), Dec. 23, 2016, 130 Stat. 2106, struck out item 8543 "Aides: detail; number authorized".
1994—Pub. L. 103–337, div. A, title XVI, §1674(b)(5), Oct. 5, 1994, 108 Stat. 3016, struck out items 8541 "National Guard Bureau: assignment of officers of regular or reserve components" and 8542 "Chief and assistant chief of staff of wings of Air National Guard in Federal service: detail".
1991—Pub. L. 102–190, div. A, title V, §531(a)(2), Dec. 5, 1991, 105 Stat. 1365, struck out item 8549 "Duties: female members; limitations".
1980—Pub. L. 96–513, title V, §504(14), Dec. 12, 1980, 94 Stat. 2917, struck out item 8531 "Chief of Staff to President: appointment".
1968—Pub. L. 90–235, §4(a)(11), (b)(4), Jan. 2, 1968, 81 Stat. 760, struck out item 8537 "Department of Commerce: detail in aid of civil aviation", item 8544 "Duties: regular officers; performance of civil functions restricted", and item 8545 "Duties: officers; superintendence of cooking for enlisted members".
1964—Pub. L. 88–647, title III, §301(24), Oct. 13, 1964, 78 Stat. 1073, struck out item 8540 "Educational institutions: detail of members of regular or reserve components as professors and instructors in air science and tactics".
1958—Pub. L. 85–861, §1(182), Sept. 2, 1958, 72 Stat. 1533, struck out item 8546 "Duties: medical officers, contract surgeons; attendance on families of members".