10 U.S.C. § 20405 — Force shaping authority

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.— (1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. (2) In this subsection, the term ‘‘minimum service obligation’’, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial pe- riod of required active duty service. (c) REGULATIONS.—The Secretary of the Air Force shall prescribe regulations for the exer- cise of the Secretary’s authority under this sec- tion. (Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 658.) CHAPTER 2011—SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS Sec. 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons. 20502. Retention boards. 20503. Removal of officer: action by Secretary upon recommendation of retention board. 20504. Rights and procedures. 20505. Officer considered for removal: voluntary re- tirement or discharge. 20506. Officers eligible to serve on retention boards. § 20501. Authority to establish procedures to con- sider the separation of officers for sub- standard performance of duty and for cer- tain other reasons (a) PROCEDURES FOR REVIEW OF RECORD OF OF- FICERS RELATING TO STANDARDS OF PERFORM- ANCE OF DUTY.— (1) The Secretary of the Air Force shall pre- scribe, by regulation, procedures for the re- view at any time of the record of any commis- sioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer shall be re- quired, because of a reason stated in para- graph (2), to show cause for the officer’s reten- tion 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 Sec- retary of Defense. (B) The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Sec- retary of the Air Force. (b) PROCEDURES FOR REVIEW OF RECORD OF OF- FICERS RELATING TO CERTAIN OTHER REASONS.— (1) The Secretary of the Air Force shall pre- scribe, by regulation, procedures for the re- view at any time of the record of any commis- sioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer should be re- quired, because of a reason stated in para- graph (2), to show cause for the officer’s reten- tion 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 se- curity. (c) SECRETARY OF DEFENSE LIMITATIONS.—Reg- ulations prescribed by the Secretary of the Air Force under this section are subject to such lim- itations as the Secretary of Defense may pre- scribe. (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 659.)