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10 U.S.C. § 20506 — Officers eligible to serve on retention boards

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

10 U.S.C. § 20506 — Officers eligible to serve on retention boards

**(a) In General.—** The provisions of [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim) apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title. **(b) Retired Air Force Officers.—** (1) **Authority.—** — In applying subsection (b) of [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim) to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board. (2) **Limitation.—** — A retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.

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Source location: Title 10, Chapter 2011, § 20506; 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. § 1187 — Officers eligible to serve on boards

**(a) In General.—** Except as provided in subsection (b), each board convened under this chapter shall consist of officers appointed as follows: (1) Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention on active duty. (2) Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel or commander. (3) Each member of the board shall be senior in grade to any officer to be considered by the board. **(b) Retired Officers.—** If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer— (1) is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and (2) is senior to the grade of any officer to be considered by the board. **(c) Ineligibility by Reason of Previous Consideration of Same Officer.—** No person may be a member of more than one board convened under this chapter to consider the same officer. **(d) Exclusion From Strength Limitation.—** A retired general or flag officer who is on active duty for the purpose of serving on a board convened under this chapter shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.

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

10 U.S.C. § 20502 — Retention boards

**(a) Convening of Boards to Consider Officers Required to Show Cause.—** The Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under [section 20501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20501&num=0&edition=prelim) to show cause for retention in a space force active status should be retained in a space force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by [section 20506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20506&num=0&edition=prelim). **(b) Fair and Impartial Hearing.—** A retention board shall give a fair and impartial hearing to each officer required under [section 20501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20501&num=0&edition=prelim) to show cause for retention in a space force active status. **(c) Effect of Board Determination That an Officer Has Failed to Establish That the Officer Should Be Retained.—** (1) If a retention board determines that the officer has failed to establish that the officer should be retained in a space force active status, the board shall recommend to the Secretary of the Air Force one of the following: (A) That the officer be transferred to an inactive status. (B) That the officer, if qualified under any provision of law, be retired. (C) That the officer be discharged from the Space Force. (2) Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph

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

10 U.S.C. § 20506 — Officers eligible to serve on retention

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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