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10 U.S.C. § 20505 — Officer considered for removal: voluntary retirement or discharge

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 20505 — Officer considered for removal: voluntary retirement or discharge

**(a) In General.—** At any time during proceedings under this chapter with respect to the removal of an officer from a space force active status, the Secretary of the Air Force may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; or (2) for discharge in accordance with subsection (b)(2). **(b) Retirement or Discharge.—** An officer removed from a space force active status under [section 20503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20503&num=0&edition=prelim) shall— (1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and (2) if ineligible for voluntary retirement under any provision of law on the date of such removal— (A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of [section 20501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20501&num=0&edition=prelim); or (B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of [section 20501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20501&num=0&edition=prelim). **(c) Separation Pay for Discharged Officer.—** An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under [section 1174(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/a/2&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-10/section-20505-officer-considered-for-removal-voluntary-retirement-or-discharge--3feb5c125e.md
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Source location: Title 10, Chapter 2011, § 20505; chapter-2011-separation-of-officers-for-substandard-performance-of-duty-or-for-certain-other-reasons.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 20503 — Removal of officer: action by Secretary upon recommendation of retention board

The Secretary of the Air Force may remove an officer from space force active status if the removal of such officer from space force active status is recommended by a retention board convened under [section 20502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20502&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 20501 — Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons

**(a) Procedures for Review of Record of Officers Relating to Standards of Performance of Duty.—** (1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a space force active status. (2) The reasons referred to in paragraph (1) are the following: (A) The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. (B) The officer has failed to satisfy the standards and qualifications established under [section 20403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20403&num=0&edition=prelim) by the Secretary of the Air Force. **(b) Procedures for Review of Record of Officers Relating to Certain Other Reasons.—** (1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a space force active status. (2) The reasons referred to in paragraph (1) are the following: (A) Misconduct. (B) Moral or professional dereliction. (C) The officer’s retention is not clearly consistent with the interests of national security. **(c) Secretary of Defense Limitations.—** Regulations prescribed by the Secretary of the Air Force under this section are subject to such limitations a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 20505 — Officer considered for removal: vol-

Page 3826 TITLE 10—ARMED FORCES § 20505 resented by counsel at proceedings before the board; and (4) shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary deter- mines should be withheld in the interest of na- tional security. (b) SUMMARY OF RECORDS WITHHELD IN INTER- EST OF NATIONAL SECURITY.—When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security per- mits, be furnished a summary of the record so withheld. (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 661.) § 20505. Officer considered for removal: vol- untary retirement or discharge (a) IN GENERAL.—At any time during pro- ceedings under this chapter with respect to the removal of an officer from a space force active status, the Secretary of the Air Force may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; or (2) for discharge in accordance with sub- section (b)(2). (b) RETIREMENT OR DISCHARGE.—An officer re- moved from a space force active status under section 20503 of this title shall— (1) if eligible for voluntary retirement under any provision of law on the date of such re- moval, be retired in the grade and with the re- tired pay for which the officer would be eligi- ble if retired under such provision; and (2) if ineligible for voluntary retirement under any provision of law on the date of such removal— (A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of sec- tion 20501 of this title; or (B) be discharged in the

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