§20404 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Air Force can set up boards to choose Space Force officers for early retirement or to be released from service. For early retirement, boards can consider lieutenant colonels who failed promotion at least once and are not recommended for promotion; colonels who have held that rank at least two years and are not recommended; and other officers below colonel who are already eligible to retire under section 20601 or will be within two more years and are not recommended. The Secretary can also set up boards to consider officers for discharge who have served at least one year in their current rank, are not recommended for promotion, and are not eligible to retire under any law (except eligibility under section 4403 of the National Defense Authorization Act for Fiscal Year 1993) nor within two years of becoming eligible. Discharges must meet the needs of the service, the Secretary sets the discharge date, and any retirement or discharge under these rules is treated as involuntary for other laws.

Title 10, §20404

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows:

(1)Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion.

(2)Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion.

(3)Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel—

(A)who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and

(B)whose names are not on a list of officers recommended for promotion.

(b)(1)The Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list—

(A)who have served at least one year of active status in the grade currently held;

(B)whose names are not on a list of officers recommended for promotion; and

(C)who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993) and are not within two years of becoming so eligible.

(2)An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary.

(3)Selection of officers for discharge under paragraph (1) shall be based on the needs of the service.

(c)The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4403 of the National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (b)(1)(C), is section 4403 of Pub. L. 102–484, which is set out as a note under section 1293 of this title.

Amendments

2024—Subsecs. (a), (b)(1). Pub. L. 118–159 substituted “Space Force” for “space force” in introductory provisions.

§20404 Selection of Officers for Early Retirement or Discharge