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10 U.S.C. § 20240 (ARMED FORCES)
§ 20240. Acceptance of promotions; oath of office
(a) Acceptance.—
An officer who is appointed to a higher grade under section 20239 of this title is considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment.
(b) Oath.—
An officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under section 20239 of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 647.)
10 U.S.C. § 20242 (ARMED FORCES)
§ 20242. Authority to vacate promotions to grade of brigadier general
(a) Authority.—
The President may vacate the appointment of a Space Force officer to the grade of brigadier general if the period of time during which the officer has served in that grade after promotion to that grade is less than 18 months.
(b) Effect of Promotion Being Vacated.—
An officer whose promotion to the grade of brigadier general is vacated under this section holds the grade of colonel. Upon assuming the grade of colonel under this section, the officer shall have the same position on the Space Force officer list as the officer would have had if the officer had not served in the higher grade.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 648.)
10 U.S.C. § 20243 (ARMED FORCES)
§ 20243. General officers ceasing to occupy positions commensurate with grade
(a) General Officers.—
Within 60 days after an officer of the Space Force on the Space Force officer list in a general officer grade ceases to occupy a position commensurate with that grade (or commensurate with a higher grade), the Secretary of the Air Force shall transfer or discharge the officer in accordance with whichever of the following the officer elects:
(1) Transfer the officer in grade to the Space Force retired list, if the officer is qualified and applies for the transfer.
(2) Transfer the officer in grade to a Space Force inactive status, if the officer is qualified.
(3) Discharge the officer from the officer’s appointment and, if the officer is qualified and applies therefor, appoint the officer in the grade held by the officer as a before 1 the officer’s appointment in a general officer grade.
(4) Discharge the officer from the officer’s appointment.
(b) Credit for Service in Grade.—
An officer who is appointed under subsection (a)(3) shall be credited with an amount of service in the grade in which appointed that is equal to the amount of prior service in an active status in that grade and in any higher grade.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 649.)
10 U.S.C. § 20251 (ARMED FORCES)
§ 20251.1 Failure of selection for promotion
(a) In General.—
Except as provided in this section, sections 14501, 14503, and 14504 and section 2 631 and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability—
(1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and
(2) any reference in those sections to a board convened under section 14201 3 or 611 of this title shall apply to a board convened under section 20211 of this title.
(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—
The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list.
(c) Retirement Authorities.—
In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title.
(d) Effect of Failure of Selection.—
In the administration of this chapter pursuant to subsection (a)—
(1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14502(b) 3 of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title; and
(2) any reference in section 631(a) or 632(a) of this title, or in sections 14504 through 14506 of this title, to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer on the Space Force officer list who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 649.)
heading: Editorial Notes
heading: References in Text
text: Section 14201 of this title, referred to in subsec. (a)(2), probably should be section 14101 of this title, which relates to convening of selection boards. There is no section 14201 of this title.
Section 14502(b) of this title, referred to in subsec. (d)(1), probably should be section 14501(b) of this title, which relates to officers twice failed of selection. Section 14502(b) of this title relates to officers considered but not selected due to material error.
10 U.S.C. § 20252a (ARMED FORCES)
§ 20252a. Special selection review boards: reference
Section 628a of this title, relating to the convening of a special selection review board when credible information of an adverse nature was not furnished to a promotion board, applies with respect to persons recommended by a selection board for promotion to a grade at or below the grade of major general in the Space Force.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 653.)
10 U.S.C. § 20253 (ARMED FORCES)
§ 20253. Retirement: retirement for years of service
Sections 633 through 636 of this title shall apply to the retirement of officers on the Space Force officer list in the same manner as to officers of the Regular Air Force.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 653.)
10 U.S.C. § 20261 (ARMED FORCES)
§ 20261. Selection of officers for continuation on the Space Force officer list
Section 14701 of this title shall apply in continuation or retention on the Space Force officer in the same manner as to continuation on the reserve active-status list.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 653.)
10 U.S.C. § 20262 (ARMED FORCES)
§ 20262. Retirement: selective early retirement
Sections 638 and 638a of this title shall apply to the retirement of officers on the Space Force officer list in the same manner as to officers of the Regular Air Force.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 653.)
10 U.S.C. § 20263 (ARMED FORCES)
§ 20263. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay
(a) Separation Pay.—
An officer who is discharged under this chapter is entitled, if eligible therefor, to separation pay under section 1174 of this title.
(b) Retired Pay.—
An officer who is retired under this chapter is entitled to retired pay computed under chapter 71 or 1223 of this title, as applicable.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 653.)
10 U.S.C. § 20264 (ARMED FORCES)
§ 20264. Other administrative authorities
The following provisions of this title shall apply to officers on the Space Force officer list in the same manner as to officers subject to those provisions:
(1) Section 14518, relating to continuation of officers to complete disciplinary action.
(2) Section 14519, relating to deferment of retirement or separation for medical reasons.
(3) Section 14704, relating to the selective early removal from the reserve active-status list.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 653.)
10 U.S.C. § 20301 (ARMED FORCES)
§ 20301. Original enlistments: qualifications; grade
(a) Original Enlistments.—
(1) Authority to accept.—
The Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons.
(2) Age.—
A person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control.
(b) Grade.—
A person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force.
(Added Pub. L. 118–31, div. A, title XVII, § 1717(a), Dec. 22, 2023, 137 Stat. 654.)
10 U.S.C. § 20302 (ARMED FORCES)
§ 20302. Enlisted members: term of enlistment
(a) Term of Original Enlistments.—
The Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force.
(b) Term of Reenlistments.—
The Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1717(a), Dec. 22, 2023, 137 Stat. 654.)
10 U.S.C. § 20303 (ARMED FORCES)
§ 20303. Reference to chapter 31
For other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1717(a), Dec. 22, 2023, 137 Stat. 654.)
10 U.S.C. § 20401 (ARMED FORCES)
§ 20401. Applicability of certain provisions of law related to separation
(a) Officer Separation.—
Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force.
(b) Except as specified in this section or otherwise modified in this chapter, the provisions of sections 1169, 1170, 1171, 1173, 1174(b) 1 1176(a) of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force.
(c) The provisions of section 1172 of this title pertaining to a person enlisted under section 518 of this title shall apply to an enlisted member of the Space Force.
(d) The provisions of section 1174 of this title—
(1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty;
(2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and
(3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty.
(e) The provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty.
(f) The provisions of section 1176 of this title—
(1) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and
(2) pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a space force active status or on sustained duty.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 656.)
10 U.S.C. § 20402 (ARMED FORCES)
§ 20402. Enlisted members: standards and qualifications for retention
(a) Standards and Qualifications for Retention.—
The Secretary of the Air Force shall, by regulation, prescribe—
(1) standards and qualifications for the retention of enlisted members of the Space Force; and
(2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications.
(b) Effect of Failure to Comply With Standards and Qualifications.—
If an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall—
(1) if qualified, be transferred to Space Force inactive status;
(2) if qualified, be retired in accordance with section 20603 of this title; or
(3) have the member’s enlistment terminated.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 656.)
10 U.S.C. § 20403 (ARMED FORCES)
§ 20403. Officers: standards and qualifications for retention
(a) Standards and Qualifications.—
To be retained in an active status, a Space Force officer must—
(1) in any applicable yearly period, attain the number of points under section 12732(a)(2) of this title that are prescribed by the Secretary of the Air Force; and
(2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force.
(b) Limitation on Minimum Number of Points.—
The Secretary may not prescribe a minimum of more than 50 points under subsection (a).
(c) Result of Failure to Comply.—
A Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 656.)
10 U.S.C. § 20404 (ARMED FORCES)
§ 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 force 1 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 force 1 officer list—
(A) who have served at least one year of active status in the grade currently held;
(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.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 657.)
heading: Editorial Notes
heading: References in Text
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.
10 U.S.C. § 20405 (ARMED FORCES)
§ 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 658.)
10 U.S.C. § 20501 (ARMED FORCES)
§ 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 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 as the Secretary of Defense may prescribe.
(Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 659.)
10 U.S.C. § 20503 (ARMED FORCES)
§ 20503. Removal of officer: action by Secretary upon recommendation of retention board
The Secretary of the Air Force may remove an officer from space force active status if the removal of such officer from space force active status is recommended by a retention board convened under section 20502 of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 661.)
10 U.S.C. § 20504 (ARMED FORCES)
§ 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 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 661.)
10 U.S.C. § 20505 (ARMED FORCES)
§ 20505. Officer considered for removal: voluntary retirement or discharge
(a) In General.—
At any time during proceedings 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 subsection (b)(2).
(b) Retirement or Discharge.—
An officer removed 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 removal, be retired in the grade and with the retired pay for which the officer would be eligible 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 section 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 Officer.—
An officer who is discharged under subsection (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.)
10 U.S.C. § 20506 (ARMED FORCES)
§ 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 paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient 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 required of an officer of the Space Force.
(Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 662.)