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

(a) Considering early retirement. The Secretary of the Air Force may convene selection boards to consider certain officers for early retirement: (1) lieutenant colonels who failed promotion at least once and aren't currently recommended for promotion; (2) colonels who have served at least two years in that grade and aren't currently recommended for promotion; and (3) other officers below the grade of colonel who (A) are eligible for retirement under section 20601, or would become eligible within two more years of service, and (B) aren't currently recommended for promotion. (b) Considering discharge. (1) The Secretary may convene boards to consider discharging officers who (A) have served at least one year in their current grade, (B) aren't recommended for promotion, and (C) aren't eligible for retirement under any law (except through a specific 1993 provision) and aren't within two years of becoming eligible. (2) An officer the board recommends for discharge, if the Secretary approves it, is discharged on a date the Secretary sets. (3) Discharge decisions under paragraph (1) must be based on the needs of the service. (c) Treated as involuntary. Any discharge or retirement under this section counts as involuntary for purposes of any other law.