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10 U.S.C. § 20404 — Selection of officers for early retirement or discharge
Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration for Early Retirement.—** The Secretary of the Air Force may convene selection boards under [section 20211(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20601&num=0&edition=prelim) 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) Consideration for Discharge.—**
(1) The Secretary of the Air Force may convene selection boards under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim) 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 Defens
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Source file: Laws/federal/codes/united-states-code/title-10/section-20404-selection-of-officers-for-early-retirement-or-discharge--951562cb7b.md
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Source location: Title 10, Chapter 2009, § 20404; chapter-2009-retention-and-separation-generally.md
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**(a) Consideration for Early Retirement.—** The Secretary of the Air Force may convene selection boards under [section 20211(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20601&num=0&edition=prelim) 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) Consideration for Discharge.—**
(1) The Secretary of the Air Force may convene selection boards under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim) 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) Discharges and Retirements Considered to Be Involuntary.—** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general.
**(b) Exception for Officers in Grade of First Lieutenant.—** Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under [section 20239(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20239/c/4/A&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(c) Selection Boards for Early Retirement or Discharge.—** The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under [section 20404(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20404/a&num=0&edition=prelim) or for discharge under [section 20404(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20404/b&num=0&edition=prelim).
**(d) Regulations.—** The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Twenty Years or More.—** The Secretary of the Air Force may, upon the officer’s request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under [section 20602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20602&num=0&edition=prelim), at least 10 years of which have been active service as a commissioned officer.
**(b) Thirty Years or More.—** A commissioned officer of the Space Force who has at least 30 years of service computed under [section 20602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20602&num=0&edition=prelim) may be retired upon the officer’s request, in the discretion of the President.
**(c) Forty Years or More.—** Except as provided in [section 20503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20503&num=0&edition=prelim), a commissioned officer of the Space Force who has at least 40 years of service computed under [section 20602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20602&num=0&edition=prelim) shall be retired upon the officer’s request.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20601
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1293
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Federal law — U.S. Code and appendices · legal_authorities
Page 3823
TITLE 10—ARMED FORCES
§ 20404
§ 20401. Applicability of certain provisions of law
related to separation
(a) OFFICER SEPARATION.—Except as specified
in this section or otherwise modified in this
chapter, the provisions of chapter 59 of this title
applicable to officers of a regular component
shall apply to officers of the Space Force.
(b) Except as specified in this section or other-
wise modified in this chapter, the provisions of
sections 1169, 1170, 1171, 1173, 1174(b), and 1176(a)
of chapter 59 of this title applicable to enlisted
members of a regular component shall apply to
enlisted members of the Space Force.
(c) The provisions of section 1172 of this title
pertaining to a person enlisted under section 518
of this title shall apply to an enlisted member of
the Space Force.
(d) The provisions of section 1174 of this title—
(1) pertaining to a regular officer shall apply
to a Space Force officer serving on sustained
duty;
(2) pertaining to a regular enlisted member
shall apply to an enlisted member of the Space
Force serving on sustained duty; and
(3) pertaining to other members shall apply
to members of the Space Force not serving on
sustained duty.
(e) The provisions of section 1175 of this title
pertaining to a voluntary appointment, enlist-
ment, or transfer to a reserve component shall
apply to the voluntary release from active duty
of a member of the Space Force on sustained
duty.
(f) The provisions of section 1176 of this title—
(1) pertaining to a regular enlisted member
shall apply to an enlisted member of the Space
Force serving on sustained duty; and
(2) pertaining to a reserve enlisted member
serving in an active status shall apply to an
enlisted member of the Space Force serving in
a space force active status
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 20404
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