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10 U.S.C. § 20405 — Force shaping authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force—
(1) discharge an officer described in subsection (b); or
(2) involuntarily release such an officer from sustained duty.
**(b) Covered Officers.—**
(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who—
(A) has completed not more than six years of service as a commissioned officer in the armed forces; or
(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer.
(2) In this subsection, the term “minimum service obligation”, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service.
**(c) Regulations.—** The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary’s authority under this section.
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Stable record: federal_law:legal_authorities:record_usc_0f73757d5505bd8a2221281a
Source file: Laws/federal/codes/united-states-code/title-10/section-20405-force-shaping-authority--424f0c3acc.md
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Source location: Title 10, Chapter 2009, § 20405; chapter-2009-retention-and-separation-generally.md
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**(a) Authority.—** The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force—
(1) discharge an officer described in subsection (b); or
(2) involuntarily release such an officer from sustained duty.
**(b) Covered Officers.—**
(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who—
(A) has completed not more than six years of service as a commissioned officer in the armed forces; or
(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer.
(2) In this subsection, the term “minimum service obligation”, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service.
**(c) Regulations.—** The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary’s authority under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary—
(1) discharge an officer described in subsection (b); or
(2) transfer such an officer from the active-duty list of that armed force to the reserve active-status list of a reserve component.
**(b) Covered Officers.—**
(1) The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) who—
(A) has completed not more than six years of service as a commissioned officer in the armed forces; or
(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member.
(2) In this subsection, the term “minimum service obligation” means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service.
**(c) Appointment of Transferred Officers.—** An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under [section 12203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
**(d) Regulations.—** The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.
**(e) Space Force.—** For a similar provision with respect to officers of the Space Force, see [section 20405 of this title](https://uscode.house.gov/view.xhtml?req=granule
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 647
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Federal law — U.S. Code and appendices · legal_authorities
Page 3824
TITLE 10—ARMED FORCES
§ 20405
(B) whose names are not on a list of offi-
cers 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 Na-
tional Defense Authorization Act for Fiscal
Year 1993) and are not within two years of
becoming so eligible.
(2) An officer who is recommended for dis-
charge 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 speci-
fied by the Secretary.
(3) Selection of officers for discharge under
paragraph (1) shall be based on the needs of
the service.
(c) DISCHARGES AND RETIREMENTS CONSIDERED
TO BE INVOLUNTARY.—The discharge or retire-
ment of an officer pursuant to this section shall
be considered to be involuntary for purposes of
any other provision of law.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a),
Dec. 22, 2023, 137 Stat. 657; amended Pub. L.
118–159, div. A, title XVII, § 1701(a)(50), Dec. 23,
2024, 138 Stat. 2206.)
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 provi-
sions.
§ 20405. Force shaping authority
(a) AUTHORITY.—The Secretary of the Air
Force may, solely for the purpose of restruc-
turing the Space Force—
(1) discharge an officer described in sub-
section (b); or
(2) involuntarily release such an officer from
sustained duty.
(b) COVERED OFFICERS.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 20405
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.