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10 U.S.C. § 20239 — Promotions: how made

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

10 U.S.C. § 20239 — Promotions: how made

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Source file: Laws/federal/codes/united-states-code/title-10/section-20239-promotions-how-made--60832cb601.md
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Source location: Title 10, Chapter 2005, § 20239; chapter-2005-officers.md

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**(a) Promotion Lists.—** (1) **Placement of names on promotion list.—** — When the report of 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) is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the Space Force officer list or based on particular merit, as determined by the promotion board, or as modified by the Secretary of the Air Force under [section 20217 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20217&num=0&edition=prelim). (2) **Time of establishment of promotion list.—** — A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under paragraph (1). **(b) Promotions; How Made; Order.—** (1) **Appointment authority.—** — Officers on a promotion list shall be promoted by appointment in the manner specified in [section 20201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20201&num=0&edition=prelim). (2) **Timing.—** — Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary of the Air Force. (3) **Order.—** — Except as provided in subsections (e) and (f), promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. (4) **Promotions to grade of first lieutenant.—** — Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. **(c) Promotion of First Lieutenants on an All-fully-qualified Officers List.—** (1) Except as provided in subsection (f), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. (2) An all-fully-qualified-officers list shall be considered to be approved for purposes of paragraph (1) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (3) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. (4) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officer list in a grade who the Secretary of the Air Force determines— (A) are fully qualified for promotion to the next higher grade; and (B) would be eligible for consideration for promotion to the next higher grade 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) upon the convening of such a board. (5) If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this subsection because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this subsection. **(d) Date of Rank.—** (1) **General rule.—** — The date of rank of an officer appointed to a higher grade under this section is determined under [section 741(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section741/d&num=0&edition=prelim). (2) **Adjustments.—** — The date of rank of an officer appointed to a higher grade under this section may be adjusted in the same manner as an adjustment may be made under [section 741(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section741/d/4&num=0&edition=prelim) in the date of rank of an officer appointed to a higher grade under [section 624(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a&num=0&edition=prelim). In any use of the authority under the preceding sentence, [section 741(d)(4)(C)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section741/d/4/C/ii&num=0&edition=prelim) shall be applied by substituting “Space Force officer list” for “active-duty list”. (3) **Additional pay and allowances precluded.—** — Except as provided in paragraph (2) or as otherwise specifically authorized by law, an officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion. **(e) Delay of Promotions to General Officer Grades to Comply With Strength Limitations.—** Under regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to the grade of brigadier general or major general shall be delayed if that promotion would cause any strength limitation of [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim) to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. **(f) Authority to Delay Appointments for Specified Reasons.—** The provisions of [section 14311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14311&num=0&edition=prelim) shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that section to an reserve active-status list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list.

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20211

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

10 U.S.C. § 20201 — Original appointments: how made

**(a) In General.—** The provisions of [section 531 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section531&num=0&edition=prelim) shall apply to original appointments of commissioned officers in the Space Force. **(b) Grade Upon Appointment.—** (1) The grade of a person receiving an appointment under this section who at the time of appointment is credited with service under [section 20203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20203&num=0&edition=prelim) shall be determined under regulations prescribed by the Secretary of the Defense based upon the amount of service credited. (2) The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component shall be determined under [section 20203(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20203/e&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20201

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

10 U.S.C. § 20217 — Action on reports of selection boards for promotion to brigadier general or major general

**(a) In General.—** After reviewing a report received under [section 20215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20215&num=0&edition=prelim) recommending officers on the Space Force officer list for promotion to the grade of brigadier general or major general, but before submitting the report to the Secretary of Defense, the Secretary of the Air Force may, under regulations prescribed by the Secretary of the Air Force, adjust the placement of officers as recommended in the report in order to ensure that sufficient number of officers on both sustained and non-sustained duty are promoted to meet the requirements of the Space Force to fill general officer vacancies. **(b) Report.—** Whenever the Secretary of the Air Force uses the authority under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report informing the committees that the authority has been used and the reason for the use of the authority.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20217

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

10 U.S.C. § 14311 — Delay of promotion: involuntary

**(a) Delay During Investigations and Proceedings.—** (1) Under regulations prescribed by the Secretary of Defense, the appointment of an officer to a higher grade may be delayed if any of the following applies before the date on which the appointment would otherwise be made: (A) Sworn charges against the officer have been received by an officer exercising general court-martial jurisdiction over the officer and the charges have not been disposed of. (B) An investigation is being conducted to determine whether disciplinary action of any kind should be brought against the officer. (C) A board of officers has been convened under [section 14903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14903&num=0&edition=prelim) to review the record of the officer. (D) A criminal proceeding in a Federal or State court of competent jurisdiction is pending against the officer. (E) Substantiated adverse information about the officer that is material to the decision to appoint the officer is under review by the Secretary of Defense or the Secretary concerned. (F) The Secretary of the military department concerned determines that credible information of adverse nature, including a substantiated adverse finding or conclusion described in [section 14107(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a/3/A&num=0&edition=prelim), with respect to the officer will result in the convening of a special selection review board under [section 14502a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502a&num=0&edition=prelim) to review the officer and recommend whether the recommendation for promotion of the officer should be sustained. (

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14311

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

10 U.S.C. § 526 — Authorized strength: general officers and flag officers on active duty

**(a) Limitations.—** The number of general officers on active duty in the Army, Air Force, Marine Corps, and Space Force, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: (1) For the Army, 219. (2) For the Navy, 150. (3) For the Air Force, 168. (4) For the Marine Corps, 64. (5) For the Space Force, 24. **(b) Limited Exclusion for Joint Duty Requirements.—** (1) **In general.—** — The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a). (2) **Minimum number.—** — Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows: (A) For the Army, 75. (B) For the Navy, 53. (C) For the Air Force, 68. (D) For the Marine Corps, 17. (E) For the Space Force, 6. **(c) Exclusion of Certain Officers of Reserve Components and of the Space Force.—** The limitations of this section do not apply to the following: (1) A general or flag officer of a reserve component or of the Space Force who is on active duty— (A) for training; or (B) under a call or order specifying a period of less than 180 days. (2) (A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days. (B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of of

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 526

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

10 U.S.C. § 20240 — Acceptance of promotions; oath of office

**(a) Acceptance.—** An officer who is appointed to a higher grade under [section 20239 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20239&num=0&edition=prelim) is considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment. **(b) Oath.—** An officer who has served continuously since taking the oath of office prescribed in [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) is not required to take a new oath upon appointment to a higher grade under [section 20239 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20239&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20240

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

10 U.S.C. § 20239 — Promotions: how made

Page 3816 TITLE 10—ARMED FORCES § 20238 (B) the estimated number of officers need- ed to fill vacancies in those positions during the period in which it is anticipated that of- ficers selected for promotion will be pro- moted; and (C) the number of officers in a space force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consider- ation. (b) PROMOTION TO BRIGADIER GENERAL AND MAJOR GENERAL.— (1) DETERMINATION OF MAXIMUM NUMBERS.— Before convening a selection board under sec- tion 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Sec- retary of the Air Force shall determine the maximum number of officers serving in a space force active status on sustained duty, and the maximum number of officers serving in a space force active status not on sustained duty, that the board may recommend for pro- motion. (2) DETERMINATIONS.—In order to make the determinations under paragraph (1), the Sec- retary shall determine— (A) the number of positions needed to ac- complish mission objectives which require officers serving in a space force active status on sustained duty, and in a space force ac- tive status not on sustained duty, in the grade to which the board will recommend of- ficers for promotion; and (B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 644.) § 20238. Establishment of promotion zones (a) IN GENERAL.—Before convenin

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 20239

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