10 U.S.C. § 20405

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 20405 - Force shaping authority

(a) AUTHORITY.-The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force-

(1) discharge an officer described in subsection (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 period of required active duty service.

(c) REGULATIONS.-The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section.

10 U.S.C. § 20405

Added Pub. L. 118-31, div. A, title XVII, §1718(a), Dec. 22, 2023, 137 Stat. 658.

active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
officer: The term "officer" means a commissioned or warrant officer.
sustained duty: The term "sustained duty" means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force-(A) in the case of an officer-(i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or(ii) with the consent of the officer; and(B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member's enlistment or reenlistment agreement.