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10 U.S.C. § 20232 — Authority to allow officers to opt out of selection board consideration

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 excluded from consideration by a selection board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim) to consider officers for promotion to the next higher grade. **(b) Criteria.—** The Secretary may only approve 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 Department, or a career progression requirement delayed by such an assignment; (B) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration. (2) **Completion of certain education.—** — If— (A) the basis for the request is to allow an officer to complete advanced education or professional military education; (B) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in current position and grade; and (C) the officer has not previously opted out of a promotion board under this section. (3) **Service in critical skill position.—** — If— (A) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; (B) the Secretary determines that it is in the best interests of the Space Force fo

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Stable record: federal_law:legal_authorities:record_usc_1c2106c9bb23ceb201621742
Source file: Laws/federal/codes/united-states-code/title-10/section-20232-authority-to-allow-officers-to-opt-out-of-selection-board-consideration--745ca4bd46.md
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Source location: Title 10, Chapter 2005, § 20232; chapter-2005-officers.md

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**(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 excluded from consideration by a selection board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim) to consider officers for promotion to the next higher grade. **(b) Criteria.—** The Secretary may only approve 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 Department, or a career progression requirement delayed by such an assignment; (B) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration. (2) **Completion of certain education.—** — If— (A) the basis for the request is to allow an officer to complete advanced education or professional military education; (B) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in current position and grade; and (C) the officer has not previously opted out of a promotion board under this section. (3) **Service in critical skill position.—** — If— (A) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; (B) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and (C) the officer has not previously opted out of a promotion board under this section.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 20211 — Convening of selection boards

**(a) In General.—** Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. **(b) Exception for Officers in Grade of First Lieutenant.—** Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under [section 20239(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20239/c/4/A&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion. **(c) Selection Boards for Early Retirement or Discharge.—** The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under [section 20404(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20404/a&num=0&edition=prelim) or for discharge under [section 20404(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20404/b&num=0&edition=prelim). **(d) Regulations.—** The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 20231 — Eligibility for consideration for promotion: general rules

**(a) In General.—** (1) **Requirement to be on space force officer list.—** — An officer is eligible under this chapter for consideration for promotion by a selection board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) only if the officer is on the Space Force officer list. (2) **Authority to preclude from consideration certain officers based on time of entry on or departure from sustained duty.—** — The Secretary of the Air Force— (A) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and (B) may, by regulation, provide for the exclusion from consideration for promotion by a selection board of an officer otherwise eligible to be considered by the board who has an established date for removal from the Space Force officer list that is not more than 90 days after the date on which the board is to be convened. **(b) Certain Officers Not to Be Considered.—** A selection board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim) may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or [section 20151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20151&num=0&edition=prelim), under section 14101 or 14502 of this title, or u

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 20232 — Authority to allow officers to opt out of

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

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