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10 U.S.C. § 20237 — Numbers to be recommended for promotion
Federal law — U.S. Code and appendices · legal_authorities
**(a) Promotion to Grades Below Brigadier General.—**
(1) **Determination of maximum number.—** — Before convening a selection board 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 recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine the maximum number of officers in that competitive category that the board may recommend for promotion.
(2) **Determinations.—** — In order to make the determination under paragraph (1), the Secretary shall determine—
(A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion;
(B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; 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 consideration.
**(b) Promotion to Brigadier General and Major General.—**
(1) **Determination of maximum numbers.—** — Before convening a selection board 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 recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine the maximum number of officers serving in a space force active status on sustained duty, and the ma
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Source file: Laws/federal/codes/united-states-code/title-10/section-20237-numbers-to-be-recommended-for-promotion--ff5eeb8903.md
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Source location: Title 10, Chapter 2005, § 20237; chapter-2005-officers.md
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**(a) Promotion to Grades Below Brigadier General.—**
(1) **Determination of maximum number.—** — Before convening a selection board 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 recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine the maximum number of officers in that competitive category that the board may recommend for promotion.
(2) **Determinations.—** — In order to make the determination under paragraph (1), the Secretary shall determine—
(A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion;
(B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; 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 consideration.
**(b) Promotion to Brigadier General and Major General.—**
(1) **Determination of maximum numbers.—** — Before convening a selection board 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 recommendation for promotion to the grade of brigadier general or major general, the Secretary 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 promotion.
(2) **Determinations.—** — In order to make the determinations under paragraph (1), the Secretary shall determine—
(A) the number of positions needed to accomplish mission objectives which require officers serving in a space force active status on sustained duty, and in a space force active status not on sustained duty, in the grade to which the board will recommend officers 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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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