---
kind: "section"
citation: "10 U.S.C. § 20404"
title: "10"
title_heading: "Armed Forces"
number: "20404"
heading: "Selection of officers for early retirement or discharge"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/20404"
units:
  - "Subtitle F — Alternative Military Personnel Systems"
  - "Part I — Space Force"
  - "Chapter 2009 — Retention and Separation Generally"
---

# §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](/usc/10/20211.md?p=b) to consider for early retirement [officers](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list as follows:
  - (1) [Officers](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion.
  - (2) [Officers](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of colonel who have served in that [grade](/usc/10/101.md?p=b-7) for at least two years and whose names are not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion.
  - (3) [Officers](/usc/10/101.md?p=b-1), other than those described in paragraphs [(1)](#a-1) and [(2)](#a-2), holding a [grade](/usc/10/101.md?p=b-7) below the [grade](/usc/10/101.md?p=b-7) of colonel—
    - (A) who are eligible for retirement under [section 20601 of this title](/usc/10/20601.md) or who after two additional years or less of [active service](/usc/10/101.md?p=d-3) would be eligible for retirement under that section; and
    - (B) whose names are not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion.
- (b) **Consideration for Discharge.—**
  - (1) The Secretary of the Air Force may convene selection boards under [section 20211 of this title](/usc/10/20211.md) to consider for discharge [officers](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list—
    - (A) who have served at least one year of [active status](/usc/10/101.md?p=d-4) in the [grade](/usc/10/101.md?p=b-7) currently held;
    - (B) whose names are not on a list of [officers](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) who is recommended for discharge by a selection board convened pursuant to the authority of [paragraph (1)](#b-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](/usc/10/101.md?p=b-1) for discharge under [paragraph (1)](#b-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](/usc/10/101.md?p=b-1) pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.

## Source credit

(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 657; amended Pub. L. 118–159, div. A, title XVII, § 1701(a)(50), Dec. 23, 2024, 138 Stat. 2206.)

## Notes

### Editorial Notes

### References in 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.

### Amendments

2024—Subsecs. (a), (b)(1). Pub. L. 118–159 substituted “Space Force” for “space force” in introductory provisions.