Section 20404 - Selection of officers for early retirement or discharge(a) CONSIDERATION FOR EARLY RETIREMENT.-The Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the space force1 officer list as follows:(1) Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion.(2) Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion.(3) Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel-(A) who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and(B) whose names are not on a list of officers recommended for promotion.(b) CONSIDERATION FOR DISCHARGE.-(1) The Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the space force1 officer list-(B) whose names are not on a list of officers 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 National Defense Authorization Act for Fiscal Year 1993) and are not within two years of becoming so eligible.(2) An officer who is recommended for discharge 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 specified 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 retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.1So in original. Probably should be "Space Force".
Added Pub. L. 118-31, div. A, title XVII, §1718(a), Dec. 22, 2023, 137 Stat. 657.EDITORIAL NOTES
REFERENCES IN TEXTSection 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.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.
- active status
- The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.