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10 U.S.C. § 20401 — Applicability of certain provisions of law related to separation

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

10 U.S.C. § 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 otherwise 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1172&num=0&edition=prelim) pertaining to a person enlisted under [section 518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section518&num=0&edition=prelim) shall apply to an enlisted member of the Space Force. **(d)** The provisions of [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim)— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim) pertaining to a voluntary appointment, enlistment, 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 thi

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Stable record: federal_law:legal_authorities:record_usc_afe6c4f78d838dc5192f1cf6
Source file: Laws/federal/codes/united-states-code/title-10/section-20401-applicability-of-certain-provisions-of-law-related-to-separation--e3727f942a.md
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Source location: Title 10, Chapter 2009, § 20401; chapter-2009-retention-and-separation-generally.md

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

10 U.S.C. § 1172 — Enlisted members: during war or emergency; discharge

A person enlisted under [section 518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section518&num=0&edition=prelim) may be discharged at any time by the President, or otherwise according to law.

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

10 U.S.C. § 1176 — Enlisted members: retention after completion of 18 or more, but less than 20, years of service

**(a) Regular Members.—** A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 7314 or 9314 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim), shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law. **(b) Reserve Members in Active Status.—** A reserve enlisted member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who is denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status is entitled to be credited with at least 18 but less than 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), may not be discharged, denied reenlistment, or transferred from an active status without the member’s consent before the earlier of the following: (1) If as of the date on which the member is to be discharged or transferred from an active status the member has at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.go

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

10 U.S.C. § 518 — Temporary enlistments

Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, without specification of component.

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

10 U.S.C. § 1175 — Voluntary separation incentive

**(a)** (1) Consistent with this section and the availability of appropriations for this purpose, the Secretary of Defense and the Secretary of Homeland Security may provide a financial incentive to members of the armed forces described in subsection (b) for voluntary appointment, enlistment, or transfer to a reserve component, requested and approved under subsection (c). (2) (A) Except as provided in subparagraph (B), a financial incentive provided a member under this section shall be paid for the period equal to twice the number of years of service of the member, computed as provided in subsection (e)(5). (B) If, before the expiration of the period otherwise applicable under subparagraph (A) to a member receiving a financial incentive under this section, the member is separated from a reserve component or is transferred to the Retired Reserve, the period for payment of a financial incentive to the member under this section shall terminate on the date of the separation or transfer unless— (i) the separation or transfer is required by reason of the age or number of years of service of the member; (ii) the separation or transfer is required by reason of the failure of selection for promotion or the medical disqualification of the member, except in a case in which the Secretary of Defense or the Secretary of Homeland Security determines that the basis for the separation or transfer is a result of a deliberate action taken by the member with the intent to avoid retention in the Ready Reserve or Standby Reserve; or (iii) in the case of a separation, the member is separated from the reserve component for appointment or enlistment in or transfer to another reserve component of an armed force for service in the Ready Reserve or Standby Reserve of that ar

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

10 U.S.C. § 1174 — Separation pay upon involuntary discharge or release from active duty

**(a) Regular Officers.—** (1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1). (2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay. (3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim). (4) Notwithstanding paragraphs (1) and (2), an officer wh

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

10 U.S.C. § 20401 — Applicability of certain provisions of law

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

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