Officer considered for removal: voluntary retirement or discharge

Source Credit

(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.

History

(Added Pub. L. 118–31, div. A, title XVII, §1719, Dec. 22, 2023, 137 Stat. 661.)