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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
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20501
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Source file: Laws/federal/codes/united-states-code/title-10/section-20501-authority-to-establish-procedures-to-consider-the-separation-of-officers--f7ef363934.md
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Passage SHA-256: 67def15655deba0bfe0b701b47b396650edc2d0b8340d3999c9c3395d5a207e5
Source location: Title 10, Chapter 2011, § 20501; chapter-2011-separation-of-officers-for-substandard-performance-of-duty-or-for-certain-other-reasons.md
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**(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 as the Secretary of Defense may prescribe.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Standards and Qualifications.—** To be retained in an active status, a Space Force officer must—
(1) in any applicable yearly period, attain the number of points under [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim) that are prescribed by the Secretary of the Air Force; and
(2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force.
**(b) Limitation on Minimum Number of Points.—** The Secretary may not prescribe a minimum of more than 50 points under subsection (a).
**(c) Result of Failure to Comply.—** A Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under [section 20501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20501/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20403
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Under regulations prescribed by the Secretary of the Air Force, 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—
(1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a space force active status;
(2) shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a space force active status;
(3) shall be allowed to appear either in person or through electronic means and to be represented 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 determines should be withheld in the interest of national security.
**(b) Summary of Records Withheld in Interest 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 permits, be furnished a summary of the record so withheld.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20504
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20505
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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. § 20501
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.