10 USC § 9324 - Forty years or more: Air Force officers and Space Force officers

---
identifier: "/us/usc/t10/s9324"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 9324 - Forty years or more: Air Force officers and Space Force officers"
title_number: 10
title_name: "ARMED FORCES"
section_number: "9324"
section_name: "Forty years or more: Air Force officers and Space Force officers"
chapter_number: 941
chapter_name: "RETIREMENT FOR LENGTH OF SERVICE"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8924; Pub. L. 96–513, title V, § 504(18), Dec. 12, 1980, 94 Stat. 2917; renumbered § 9324 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(17)(A), (B), Jan. 1, 2021, 134 Stat. 3812.)"
---


# § 9324. Forty years or more: Air Force officers and Space Force officers

**(a)** Except as provided in section 1186 of this title, a commissioned officer of the Air Force or the Space Force who has at least 40 years of service computed under section 9326 of this title shall be retired upon his request.

**(b)** Any warrant officer of the Air Force or the Space Force who has at least 40 years of service computed under section 9326(a) of this title shall be retired upon his request.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8924; Pub. L. 96–513, title V, § 504(18), Dec. 12, 1980, 94 Stat. 2917; renumbered § 9324 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(17)(A), (B), Jan. 1, 2021, 134 Stat. 3812.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8924(a)  8924(b) | 10:942 (as applicable to commissioned officers).10:942 (less applicability to commissioned officers). | June 30, 1882, ch. 254 (last 21 words of 3d proviso under “Pay Department”), 22 Stat. 118. |

In subsection (a), the words “Except as provided in ” are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section.

In subsections (a) and (b), the words “or volunteer service, or both” are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, , holding that such words refer to volunteer service in the Civil War. The words “upon his request” are substituted for the words “if he make application therefor to the President”.

In subsection (b), the applicability of 10:942 to warrant officers is based on an opinion of the Judge Advocate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 applicable to warrant officers.

## Editorial Notes

### Amendments

2021— substituted “Forty years or more: Air Force officers and Space Force officers” for “Forty years or more: Air Force officers” in section catchline and inserted “or the Space Force” after “Air Force” in subsecs. (a) and (b).

2018—, substituted “section 9326” for “section 8926” in subsec. (a) and “section 9326(a)” for “section 8926(a)” in subsec. (b).

, renumbered  as this section.

1980—Subsec. (a).  substituted “section 1186” for “section 8786”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

### Effective Date of 1980 Amendment

Amendment by  effective , see , set out as a note under .