# § 9341. General rule
**(a)**
**(1)** The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability is determined under section 1370 of this title.
**(2)** The retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability is determined under section 1370a of this title.
**(b)** Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s retirement.
**(c)** **Space Force.—**
**(1)** The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer.
**(2)** Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member’s retirement.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8961; Pub. L. 96–513, title V, § 504(19), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 103–337, div. A, title XVI, § 1674(c)(2), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 106–398, § 1 [[div. A], title V, § 506(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; renumbered § 9341, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title V, § 508(b)(4), Jan. 1, 2021, 134 Stat. 3585; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(2), Dec. 22, 2023, 137 Stat. 664.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8961 | 10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade).10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade).10:947a (last 11 words). | Aug. 7, 1947, ch. 512, §§ 514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 902, 905. |
| | 10:1025. | Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504. |
| | | R.S. 1254. |
The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.
## Editorial Notes
### Prior Provisions
Prior sections 9341 and 9341a were renumbered sections 9441 and 9441a of this title, respectively.
### Amendments
2023—Subsec. (a). , struck out “or the Space Force” after “Air Force” in pars. (1) and (2).
Subsec. (b). , struck out “or a Regular or Reserve of the Space Force” after “Air Force”.
Subsec. (c). , added subsec. (c).
2021—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which read as follows: “The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under .”
Subsec. (b). , inserted “or a Regular or Reserve of the Space Force” after “Air Force” and substituted “the member” for “he” and “the member’s” for “his”.
2018— renumbered as this section.
2000—Subsec. (a). struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”.
1994—Subsec. (a). substituted “chapter 1223” for “chapter 67”.
1980— added subsec. (a), designated existing provisions as subsec. (b), and inserted “not covered by subsection (a)” after “a Regular or Reserve of the Air Force”.
## 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 2000 Amendment
Amendment by applicable to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of Title 32, National Guard, after , see section 1 [[div. A], title V, § 506(c)] of , set out as a note under .
### Effective Date of 1994 Amendment
Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under .
### Effective Date of 1980 Amendment
Amendment by effective , see , set out as a note under .