Browse Arkansas Code titles and sections
10 U.S.C. § 20233 — Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rule.—** An officer on the Space Force officer list may not be appointed to the grade of brigadier general unless the officer has been designated as a joint qualified officer in accordance with [section 661 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section661&num=0&edition=prelim).
**(b) Exceptions.—** Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances:
(1) When necessary for the good of the service.
(2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist.
(3) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general while serving in a joint duty assignment if—
(A) the officer’s total consecutive service in joint duty assignments is not less than two years; and
(B) the officer has successfully completed a program of education described in subsections (b) and (c) of [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2155&num=0&edition=prelim).
(4) In the case of an officer who—
(A) is selected by a promotion board for appointment to the grade of brigadier general;
(B) is not exempted under subsection (g); and
(C) has successfully completed the education requirements prescribed in subparagraph (A) of [section 661(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section661/c/1&num=0&edition=prelim) but has not been afforded the opportunity to complete the experience requirements described in subparagraph (B) of that section.
**(c) Waiver to Be Individual.—** A waiver may be granted un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20233
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: b1f0ac35205009e54ccb50622abd7afe347fdc407117e63be0c2f818dd09681a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_07096afdff7ad1f224793eba
Source file: Laws/federal/codes/united-states-code/title-10/section-20233-eligibility-for-consideration-for-promotion-designation-as-joint-qualifi--98b0e1d985.md
Pages: Not recorded – Not recorded
Passage SHA-256: 46331a2e09ad776b81ad5467a971a37a7662a971329e0ddb8c5368b62ad9ccb3
Source location: Title 10, Chapter 2005, § 20233; chapter-2005-officers.md
Stored source content
**(a) General Rule.—** An officer on the Space Force officer list may not be appointed to the grade of brigadier general unless the officer has been designated as a joint qualified officer in accordance with [section 661 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section661&num=0&edition=prelim).
**(b) Exceptions.—** Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances:
(1) When necessary for the good of the service.
(2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist.
(3) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general while serving in a joint duty assignment if—
(A) the officer’s total consecutive service in joint duty assignments is not less than two years; and
(B) the officer has successfully completed a program of education described in subsections (b) and (c) of [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2155&num=0&edition=prelim).
(4) In the case of an officer who—
(A) is selected by a promotion board for appointment to the grade of brigadier general;
(B) is not exempted under subsection (g); and
(C) has successfully completed the education requirements prescribed in subparagraph (A) of [section 661(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section661/c/1&num=0&edition=prelim) but has not been afforded the opportunity to complete the experience requirements described in subparagraph (B) of that section.
**(c) Waiver to Be Individual.—** A waiver may be granted under subsection (b) only on a case-by-case basis in the case of an individual officer.
**(d) Special Rule for Good-of-the-service Waiver.—** In the case of a waiver under subsection (b)(1), the Secretary of Defense shall provide that the first duty assignment as a general officer of the officer for whom the waiver is granted shall be in a joint duty assignment.
**(e) Limitation on Delegation of Waiver Authority.—** The authority of the Secretary of Defense to grant a waiver under subsection (b)(4) may only be delegated as provided in [section 619a(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section619a/e&num=0&edition=prelim).
**(f) Regulations.—** The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general is based primarily upon scientific and technical qualifications for which joint requirements do not exist.
**(g) Exemption.—** Subsection (a) shall not apply to an officer who transfers to the Space Force from a reserve component before the first day of the sixth fiscal year beginning after the date of the enactment of this section, and who, as of the date of the transfer, is serving in the grade of major, lieutenant colonel, or colonel or, in the case of the Navy or Coast Guard, lieutenant commander, commander, or captain.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prerequisite of Completion of Joint Professional Military Education Phase I Program of Instruction.—**
(1) After September 30, 2009, an officer of the armed forces may not be accepted for, or assigned to, a program of instruction designated by the Secretary of Defense as joint professional military education Phase II unless the officer has successfully completed a program of instruction designated by the Secretary of Defense as joint professional military education Phase I.
(2) The Chairman of the Joint Chiefs of Staff may grant exceptions to the requirement under paragraph (1). Such an exception may be granted only on a case-by-case basis under exceptional circumstances, as determined by the Chairman. An officer selected to receive such an exception shall have knowledge of joint matters and other aspects of the Phase I curriculum that, to the satisfaction of the Chairman, qualifies the officer to meet the minimum requirements established for entry into Phase II instruction without first completing Phase I instruction. The number of officers selected to attend an offering of the principal course of instruction at the Joint Forces Staff College or a senior level service school designated by the Secretary of Defense as a joint professional military education institution who have not completed Phase I instruction should comprise no more than 10 percent of the total number of officers selected.
**(b) Phase II Requirements.—** The Secretary shall require that the curriculum for Phase II joint professional military education at any school—
(1) focus on developing joint operational expertise and perspectives and honing joint warfighting skills; and
(2) be structured—
(A) so as to adequately prepare students to perform effectively in an assignment to a joint, mult
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2155
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of Defense shall establish policies, procedures, and practices for the effective management of officers of the Army, Navy, Air Force, and Marine Corps on the active-duty list, and officers of the Space Force on the Space Force officer list, who are particularly trained in, and oriented toward, joint matters (as defined in [section 668 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section668&num=0&edition=prelim)). Such officers shall be identified or designated (in addition to their principal military occupational specialty) as a joint qualified officer or in such other manner as the Secretary of Defense directs.
**(b) Levels, Designation, and Numbers.—**
(1)
(A) The Secretary of Defense shall establish different levels of joint qualification, as well as the criteria for qualification at each level. Such levels of joint qualification shall be established by the Secretary with the advice of the Chairman of the Joint Chiefs of Staff. Each level shall, as a minimum, have both joint education criteria and joint experience criteria. The purpose of establishing such qualification levels is to ensure a systematic, progressive, career-long development of officers in joint matters and to ensure that officers serving as general and flag officers have the requisite experience and education to be highly proficient in joint matters.
(B) The number of officers who are joint qualified shall be determined by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff. Such number shall be large enough to meet the requirements of subsection (d).
(2) Certain officers shall be designated as joint qualified by the Secretary of Defense with the advice of the Chairman of the Joint
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 661
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 3814
TITLE 10—ARMED FORCES
§ 20232
of the Air Force may provide that an officer who
is in a space force active status, but is in a duty
status in which the only points the officer ac-
crues under section 12732(a)(2) of this title are
pursuant to subparagraph (C)(i) of that section,
shall not be considered for selection for pro-
motion until completion of two years of service
in such duty status. Any such officer may re-
main on the Space Force officer list.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c),
Dec. 22, 2023, 137 Stat. 638; amended Pub. L.
118–159, div. A, title V, § 521(q), Dec. 23, 2024, 138
Stat. 1882.)
Editorial Notes
AMENDMENTS
2024—Subsec. (b)(4). Pub. L. 118–159, § 521(q)(1)(A), sub-
stituted ‘‘20239(c)(4)’’ for ‘‘20238(a)(4)’’.
Subsec. (b)(5). Pub. L. 118–159, § 521(q)(1)(B), sub-
stituted ‘‘section 20232’’ for ‘‘20232’’.
Subsec. (c)(2)(E). Pub. L. 118–159, § 521(q)(2), sub-
stituted ‘‘Secretary of the Air Force’’ for ‘‘Secretary
Air Force’’.
§ 20232. Authority to allow officers to opt out of
selection board consideration
(a) AUTHORITY.—The Secretary of the Air
Force may provide that an officer on the Space
Force officer list may, upon the officer’s request
and with the approval of the Secretary, be ex-
cluded from consideration by a selection board
convened under section 20211 of this title to con-
sider officers for promotion to the next higher
grade.
(b) CRITERIA.—The Secretary may only ap-
prove a request under subsection (a) as follows:
(1) COMPLETION
OF
CERTAIN
ASSIGNMENTS.—
If—
(A) the basis for the request is to allow an
officer to complete a broadening assignment,
an advanced education assignment, another
assignment of significant value to the De-
partment, or a career progression require-
ment delayed by
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 20233
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.