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10 U.S.C. § 20251 — Failure of selection for promotion

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10 U.S.C. § 20251 — Failure of selection for promotion

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Source location: Title 10, Chapter 2005, § 20251; chapter-2005-officers.md

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**(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 failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under [section 20234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20234&num=0&edition=prelim); and (2) any reference in section 631(a) or 632(a) of this title, or in sections 14504 through 14506 of this title, to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer on the Space Force officer list who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under [section 20234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20234&num=0&edition=prelim).

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20234

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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. § 14101 — Convening of selection boards

**(a) Promotion Boards.—** (1) Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for promotion to the next higher grade, under chapter 1405 of this title, officers on the reserve active-status list of that armed force in a permanent grade from first lieutenant through brigadier general or, in the case of the Navy Reserve, lieutenant (junior grade) through rear admiral (lower half). A selection board convened under this subsection shall be known as a “promotion board”. (2) A promotion board convened to recommend reserve officers of the Army or reserve officers of the Air Force for promotion (A) to fill a position vacancy under [section 14315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14315&num=0&edition=prelim), or (B) to the grade of brigadier general or major general, shall be known as a “vacancy promotion board”. Any other promotion board convened under this subsection shall be known as a “mandatory promotion board”. (3) Paragraph (1) does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 14308(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/b/4&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion. **(b) Selective Early Separation Boards.—** Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned may convene a selection board to recommend officers of that armed force— (1) f

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14101

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

10 U.S.C. § 611 — Convening of selection boards

**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion. **(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim). **(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 611

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

10 U.S.C. § 20252 — Special selection boards; correction of errors

**(a) Persons Not Considered by Promotion Board Because of Administrative Error.—** (1) **Convening of board.—** — In the case of an officer or former officer who the Secretary of the Air Force determines was not considered for selection for promotion 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) because of administrative error, the Secretary shall convene a special selection board under this subsection to determine whether that officer or former officer should be recommended for promotion. (2) **Board composition; oath.—** — Any such board shall be convened under regulations prescribed by the Secretary of Defense and shall be appointed and composed in accordance with [section 20212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20212&num=0&edition=prelim) and shall include the representation of competitive categories required by that section. The members of a board convened under this subsection shall be required to take an oath in the same manner as prescribed in [section 14103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14103&num=0&edition=prelim). (3) **Record considered by board.—** — A special selection board convened under paragraph (1) shall consider the record of the officer or former officer as that record would have appeared to the selection board that should have considered the officer or former officer. That record shall be compared with a sampling of the records of those officers of the same grade and competitive category who were recommended for promotion, and those officers of the same grade and competitive category who were not recommended

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20252

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

10 U.S.C. § 14501 — Failure of selection for promotion

**(a) Officers Below the Grade of Colonel or Navy Captain.—** An officer on the reserve active-status list in a grade below the grade of colonel or, in the case of an officer in the Navy Reserve, captain who is in or above the promotion zone established for that officer’s grade and competitive category and who (1) is considered but not recommended for promotion (other than by a vacancy promotion board), or (2) declines to accept a promotion for which selected (other than by a vacancy promotion board), shall be considered to have failed of selection for promotion. **(b) Officers Twice Failed of Selection.—** An officer shall be considered for all purposes to have twice failed of selection for promotion if any of the following applies: (1) The officer is considered but not recommended for promotion a second time by a mandatory promotion board convened under section 14101(a) or a special selection board convened under [section 14502(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a&num=0&edition=prelim). (2) The officer declines to accept a promotion for which recommended by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) or 14502(b) of this title after previously failing of selection or after the officer’s name was removed from the report of a selection board under section 14111(b) or from a promotion list under [section 14310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14310&num=0&edition=prelim) after recommendation for promotion by an earlier selection board described in subsection (a). (3) The officer’s name has been removed from the report of a selection board under section 14111(b) or from a p

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14501

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

10 U.S.C. § 628a — Special selection review boards

**(a) In General.—** (1) (A) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 615(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/a/3/A&num=0&edition=prelim), that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. (B) Nothing in this section shall be construed to prevent a Secretary concerned from deferring consideration of adverse information concerning an officer subject to this section until the next regularly scheduled promotion board applicable to such officer, in lieu of furnishing such adverse information to a special selection review board under this section. (2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person— (A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable. **(b) Convening.—** (1) Any special selection review board convened under this section

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 628a

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

10 U.S.C. § 20251 — Failure of selection for promotion

Page 3819 TITLE 10—ARMED FORCES § 20252 1 So in original. 2 See References in Text note below. § 20251. Failure of selection for promotion (a) IN GENERAL.—Except as provided in this section, sections 14501, 14503, and 1 14504, 631, and 632 of this title shall apply to promotions of offi- cers on the Space Force officer list. For the pur- pose of such applicability— (1) any reference in those sections to the re- serve 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 2 or section 611 of this title shall apply to a board convened under section 20211 of this title. (b) INAPPLICABILITY OF FAILURE OF SELECTION FOR PROMOTION TO OFFICERS ABOVE PROMOTION ZONE.—The reference in section 14501 of this title 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 sec- tion 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 quali- fying 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 sub- section (a)— (1) an officer on the Space Force officer list shall not be deemed to have failed twice of se- lection for promotion for purposes of section 629(e)(2) or 14501(b) of this title until the offi- cer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for pro- motion to such grade within the competitive category concerned under sectio

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 20251

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