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10 U.S.C. § 20504 — Rights and procedures

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

10 U.S.C. § 20504 — Rights and procedures

**(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.

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Source location: Title 10, Chapter 2011, § 20504; 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. § 20501 — Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons

**(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

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

10 U.S.C. § 20504 — Rights and procedures

Page 3825 TITLE 10—ARMED FORCES § 20504 § 20502. Retention boards (a) CONVENING OF BOARDS TO CONSIDER OFFI- CERS 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 to show cause for retention in a space force ac- tive 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. (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 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 OF- FICER 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 sta- tus, the board shall recommend to the Sec- retary 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 Sec- retary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be re- tained in a space force active status may be required to take leave pending the completion of the officer’s case under this chapter. The of- ficer may be required to begin such leave at any time followin

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