1. U.S. Code
  2. title 10
  3. subtitle D
  4. part II
  5. chapter 913
  6. § 9137

Collapse to view only § 9137. Regular Air Force: aviation cadets; qualifications, grade, limitations

§ 9131. Definition

In this chapter, the term “enlistment” means original enlistment or reenlistment.

(Aug. 10, 1956, ch. 1041, 70A Stat. 503, § 8251; Pub. L. 100–180, div. A, title XII, § 1231(19)(A), Dec. 4, 1987, 101 Stat. 1161; renumbered § 9131, Pub. L. 115–232, div. A, title VIII, § 806(b)(2), Aug. 13, 2018, 132 Stat. 1832.)

CITE AS: 10 USC 9131

§ 9132. Regular Air Force and Space Force: gender-free basis for acceptance of original enlistments
In accepting persons for original enlistment in the Regular Air Force or the Space Force, the Secretary of the Air Force may not—
(1) set a minimum or maximum percentage of persons who may be accepted for such an enlistment according to gender for skill categories or jobs; or
(2) in any other way base the acceptance of a person for such an enlistment on gender.
(Added Pub. L. 100–456, div. A, title V, § 522(a)(1), Sept. 29, 1988, 102 Stat. 1973, § 8252; amended Pub. L. 102–484, div. A, title X, § 1052(40), Oct. 23, 1992, 106 Stat. 2501; renumbered § 9132, Pub. L. 115–232, div. A, title VIII, § 806(b)(2), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(c)(1)(A), (B), Jan. 1, 2021, 134 Stat. 3809, 3810; Pub. L. 118–31, div. A, title XVII, § 1721(a)(1), Dec. 22, 2023, 137 Stat. 665.)

CITE AS: 10 USC 9132

§ 9137. Regular Air Force: aviation cadets; qualifications, grade, limitations
(a) The grade of aviation cadet is a special enlisted grade in the Regular Air Force.
(b) Any citizen of the United States may be enlisted as an aviation cadet, if he is otherwise qualified.
(c) Any enlisted member of the Regular Air Force who is otherwise qualified may be designated, with his consent, as an aviation cadet by the Secretary of the Air Force.
(d) Except in time of war or of emergency declared by Congress, at least 20 percent of the aviation cadets designated in each fiscal year shall be selected from members of the Regular Air Force or the Regular Army who are eligible and qualified. No person may be enlisted or designated as an aviation cadet unless—
(1) he agrees in writing that, upon his successful completion of the course of training as an aviation cadet, he will accept a commission as second lieutenant in the Air Force Reserve, and will serve on active duty as such for a period of three years, unless sooner released; and
(2) if under 21 years of age, he has the consent of his parent or guardian to his agreement.
(e) While on active duty, an aviation cadet is entitled to uniforms, clothing, and equipment at the expense of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 504, § 8257; Pub. L. 85–861, § 33(a)(37), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 96–513, title II, § 237, Dec. 12, 1980, 94 Stat. 2887; renumbered § 9137, Pub. L. 115–232, div. A, title VIII, § 806(b)(2), Aug. 13, 2018, 132 Stat. 1832.)

CITE AS: 10 USC 9137

§ 9138. Regular Air Force and Space Force: reenlistment after service as an officer
(a) Any former enlisted member of the Regular Air Force or the Space Force who has served on active duty as an officer of the Air Force or the Space Force, or who was discharged as an enlisted member to accept an appointment as an officer of the Air Force or the Space Force, is entitled to be reenlisted in the Regular Air Force or the Space Force in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its inception in line of duty, if (1) his service as an officer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Air Force prescribes for exceptional circumstances) after termination of that service.
(b) A person is not entitled to be reenlisted under this section if—
(1) the person was discharged or released from active duty as an officer on the basis of a determination of—
(A) misconduct;
(B) moral or professional dereliction;
(C) duty performance below prescribed standards for the grade held; or
(D) retention being inconsistent with the interests of national security; or
(2) the person’s former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that person during the active duty from which the person was released or discharged.
(Aug. 10, 1956, ch. 1041, 70A Stat. 505, § 8258; Pub. L. 85–603, § 1(3), Aug. 8, 1958, 72 Stat. 526; Pub. L. 102–484, div. A, title V, § 520(b), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 110–181, div. A, title V, § 506(b), Jan. 28, 2008, 122 Stat. 96; renumbered § 9138, Pub. L. 115–232, div. A, title VIII, § 806(b)(2), Aug. 13, 2018, 132 Stat. 1832; renumbered § 9132 and amended Pub. L. 116–283, div. A, title IX, § 923(c)(2)(A), (B), Jan. 1, 2021, 134 Stat. 3810; renumbered § 9138, Pub. L. 117–81, div. A, title X, § 1081(a)(34), Dec. 27, 2021, 135 Stat. 1921; Pub. L. 118–31, div. A, title XVII, § 1721(a)(2), Dec. 22, 2023, 137 Stat. 665.)

CITE AS: 10 USC 9138