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Code · BILL · 118th Congress · S. 2226 (Engrossed in Senate) — To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense for military co... · Sec. 1818

Sec. 1818. Retention and separation generally

1,095 words·~5 min read·/bill/118/s/2226/es/section-1818·

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Subtitle F of title 10, United States Code, as amended by section 1717, is further amended by adding at the end the following new chapter: Sec. 20401. Applicability of certain provisions of law related to separation. 20402. Enlisted members: standards and qualifications for retention. 20403. Officers: standards and qualifications for retention. 20404. Selection of officers for early retirement or discharge. 20405. Force shaping authority. 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.
Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force. The provisions of section 1174 of this title— pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and pertaining to other members shall apply to members of the Space Force not serving on sustained duty.
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. The provisions of section 1176 of this title— pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and 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.
Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— standards and qualifications for the retention of enlisted members of the Space Force; and equitable procedures for the periodic determination of the compliance of each such member with those 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— if qualified, be transferred to Space Force inactive status; if qualified, be retired in accordance with section 20603 of this title; or have the member’s enlistment terminated.
To be retained in an active status, a Space Force officer must— in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force. 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.
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 officer list as follows: 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. 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.
Officers, other than those described in paragraphs
(1)and (2), holding a grade below the grade of colonel— 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 whose names are not on a list of officers recommended for promotion. Subject to such limitations as the Secretary of Defense may prescribe, 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 officer list— who have served at least one year of active status in the grade currently held; whose names are not on a list of officers recommended for promotion; and 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 ( Public Law 102–484 )) and are not within two years of becoming so eligible. 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. Selection of officers for discharge under paragraph
(1)shall be based on the needs of the service. 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. The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— discharge an officer described in subsection (b); or involuntarily release such an officer from sustained duty. The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— has completed not more than six years of service as a commissioned officer in the armed forces; or 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. 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. The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section. . Section 647 of title 10, United States Code, is amended— in subsection (b)(1), by inserting (other than an officer of the Space Force) after in the case of an officer ; in subsection (c), by striking Regular Marine Corps, of Regular Space Force and inserting or Regular Marine Corps ; and by adding at the end the following new subsection: For a similar provision with respect to officers of the Space Force, see section 20405 of this title. .
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  • Pub. L. 102-484
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Sec. 1818
Retention and separation generally
Pub. L.Pub. L. 102-484
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