Sec. 1819. Separation of officers for substandard performance of duty or for certain other reasons
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Subtitle F of title 10, United States Code, as amended by section 1718, is further amended by adding at the end the following new chapter: 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 retirement or discharge. 20506.
Officers eligible to serve on retention boards. 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. The reasons referred to in paragraph
(1)are the following: The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force. 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. The reasons referred to in paragraph
(1)are the following: Misconduct. Moral or professional dereliction. The officer’s retention is not clearly consistent with the interests of national security. Regulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe. The Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a Space Force active status should be retained in a Space Force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title. A retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a Space Force active status. If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following: That the officer be transferred to an inactive status. That the officer, if qualified under any provision of law, be retired. That the officer be discharged from the Space Force. Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph
(1)that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time. If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed. An officer who is required to show cause for retention in a Space Force active status under subsection
(a)of section 20501 of this title and who is determined under paragraph
(1)to have established that the officer should be retained in a Space Force active status may not again be required to show cause for retention in a Space Force active status under such subsection within the one-year period beginning on the date of that determination. Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection
(b)of section 20501 of this title and who is determined under paragraph
(1)to have established that the officer should be retained in a Space Force active status may again be required to show cause for retention at any time. An officer who has been required to show cause for retention in a Space Force active status under subsection
(b)of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a Space Force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion. In the case of an officer described in paragraph
(2)or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force. 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. 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— 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; 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; shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and 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. 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. 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— for voluntary retirement, if the officer is qualified for retirement; or for discharge in accordance with subsection (b)(2). An officer removed from a Space Force active status under section 20503 of this title shall— 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 if ineligible for voluntary retirement under any provision of law on the date of such removal— 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 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. 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. 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. 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. 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. .