10 U.S.C. § 20404: Selection of officers for early retirement or discharge

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. 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. 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) 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.