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10 U.S.C. § 20234 — Opportunities for consideration for promotion

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

10 U.S.C. § 20234 — Opportunities for consideration for promotion

**(a) Specification of Number of Opportunities for Consideration for Promotion.—** The Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. **(b) Limited Authority of Secretary of the Air Force to Modify Number of Opportunities.—** The Secretary of the Air Force may modify the number of opportunities for consideration for promotion to be afforded officers within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant to subsection (a), not more frequently than once every five years. **(c) Authority of Secretary of Defense to Modify Number of Opportunities.—** The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. **(d) Limitation on Number of Opportunities Specified.—** The number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. **(e) Effect of Certain Reduction in Number of Opportunities Specified.—** If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional op

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Source location: Title 10, Chapter 2005, § 20234; chapter-2005-officers.md

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**(a) Specification of Number of Opportunities for Consideration for Promotion.—** The Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. **(b) Limited Authority of Secretary of the Air Force to Modify Number of Opportunities.—** The Secretary of the Air Force may modify the number of opportunities for consideration for promotion to be afforded officers within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant to subsection (a), not more frequently than once every five years. **(c) Authority of Secretary of Defense to Modify Number of Opportunities.—** The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. **(d) Limitation on Number of Opportunities Specified.—** The number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. **(e) Effect of Certain Reduction in Number of Opportunities Specified.—** If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.

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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. § 20251 — Failure of selection for promotion

**(a) In General.—** Except as provided in this section, sections 14501, 14503, 14504, 631, and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability— (1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and (2) any reference in those sections to a board convened under section 14201 11 See References in Text note below. or [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611&num=0&edition=prelim) shall apply to a board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim). **(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in [section 14501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list. **(c) Retirement Authorities.—** In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title. **(d) Effect of Failure of Selection.—** In the administration of this chapter pursuant to subsection (a)— (1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14501(b) of this title until the officer has faile

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

10 U.S.C. § 20234 — Opportunities for consideration for pro-

Page 3815 TITLE 10—ARMED FORCES § 20237 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. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 642.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023. § 20234. Opportunities for consideration for pro- motion (a) SPECIFICATION OF NUMBER OF OPPORTUNI- TIES FOR CONSIDERATION FOR PROMOTION.—The Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. (b) LIMITED AUTHORITY OF SECRETARY OF THE AIR FORCE TO MODIFY NUMBER OF OPPORTUNI- TIES.—The Secretary of the Air Force may mod- ify the number of opportunities for consider- ation for promotion to be afforded officers with- in a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant to subsection (a), not more frequently than once every five years. (c) AUTHORITY OF SECRETARY OF DEFENSE TO MODIFY NUMBER OF OPPORTUNITIES.—The Sec- retary of Defense may modify the number of op- portunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a par- ticular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secre

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