10 U.S.C. § 20602 — Officers: computation of years of service

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 grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title. (c) SEPARATION PAY FOR DISCHARGED OFFI- CER.—An officer who is discharged under sub- section (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title. (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 661.) § 20506. Officers eligible to serve on retention boards (a) IN GENERAL.—The provisions of section 1187 of this title 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 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 para- graph (1) only if the officer served in a space- related career field of the Air Force for suffi- cient 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 re- quired of an officer of the Space Force. (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 662.) CHAPTER 2013—VOLUNTARY RETIREMENT FOR LENGTH OF SERVICE Sec. 20601. Officers: voluntary retirement for length of service. 20602. Officers: computation of years of service for voluntary retirement. 20603. Enlisted members: voluntary retirement for length of service. 20604. Enlisted members: computation of years of service for voluntary retirement. 20605. Applicability of other provisions of law relat- ing to retirement. § 20601. Officers: voluntary retirement for length of service (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, at least 10 years of which have been active service as a commis- sioned 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 may be retired upon the officer’s re- quest, in the discretion of the President. (c) FORTY YEARS OR MORE.—Except as pro- vided in section 20503 of this title, a commis- sioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the offi- cer’s request. (Added Pub. L. 118–31, div. A, title XVII, § 1719A(a), Dec. 22, 2023, 137 Stat. 662.) § 20602. Officers: computation of years of service for voluntary retirement (a) YEARS OF ACTIVE SERVICE.—For the pur- pose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer’s years of service are computed by adding all active service in the armed forces. (b) REFERENCE TO SECTION EXCLUDING SERVICE DURING CERTAIN PERIODS.—Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section. (Added Pub. L. 118–31, div. A, title XVII, § 1719A(a), Dec. 22, 2023, 137 Stat. 663.) Page 3827 TITLE 10—ARMED FORCES § 20605 § 20603. Enlisted members: voluntary retirement for length of service (a) TWENTY TO THIRTY YEARS.—Under regula- tions to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be re- tired. (b) THIRTY YEARS OR MORE.—An enlisted mem- ber of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request. (Added Pub. L. 118–31, div. A, title XVII, § 1719A(a), Dec. 22, 2023, 137 Stat. 663.) § 20604. Enlisted members: computation of years of service for voluntary retirement (a) YEARS OF ACTIVE SERVICE.—For the pur- pose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces. (b) REFERENCE TO SECTION EXCLUDING COUNT- ING OF CERTAIN SERVICE REQUIRED TO BE MADE UP.—Time required to be made up under section 972(a) of this title may not be counted in com- puting years of service under subsection (a). (Added Pub. L. 118–31, div. A, title XVII, § 1719A(a), Dec. 22, 2023, 137 Stat. 663.) § 20605. Applicability of other provisions of law relating to retirement (a) APPLICABILITY TO MEMBERS OF THE SPACE FORCE.—Except as specifically provided for by this chapter, the provisions of this title speci- fied in subsection (b) apply to members of the Space Force as follows: (1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. (2) Provisions pertaining to an enlisted member of the Air Force shall apply to an en- listed member of the Space Force. (3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. (4) Provisions pertaining to a regular en- listed member shall apply to an enlisted mem- ber who is on sustained duty in the Space Force. (5) Provisions pertaining to a reserve officer shall apply to an officer who is in a space force active status but not on sustained duty. (6) Provisions pertaining to a reserve en- listed member shall apply to an enlisted mem- ber who is in a space force active status but not on sustained duty. (7) Provisions pertaining to service in a reg- ular component shall apply to service on sus- tained duty. (8) Provisions pertaining to service in a re- serve component shall apply to service in a space force active status not on sustained duty. (9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a space force active sta- tus prior to being ordered to active duty. (10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title. (b) PROVISIONS OF LAW.—The provisions of this title referred to in subsection (a) are the fol- lowing: (1) Chapter 61, relating to retirement or sep- aration for physical disability. (2) Chapter 63, relating to retirement for age. (3) Chapter 69, relating to retired grade. (4) Chapter 71, relating to computation of re- tired pay. (5) Chapter 941, relating to retirement from the Air Force for length of service. (6) Chapter 945, relating to computation of retired pay. (7) Chapter 1223, relating to retired pay for non-regular service. (8) Chapter 1225, relating to retired grade. (Added Pub. L. 118–31, div. A, title XVII, § 1719A(a), Dec. 22, 2023, 137 Stat. 663.)