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10 U.S.C. § 20252 — Special selection boards; correction of errors
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-20252-special-selection-boards-correction-of-errors--74ba6293a7.md
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Source location: Title 10, Chapter 2005, § 20252; chapter-2005-officers.md
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**(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 for promotion, by that board.
(4) **Effect.—** — If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer in a grade below the grade of colonel whose name was referred to it for consideration, the officer or former officer shall be considered to have failed of selection for promotion.
**(b) Officers Considered but Not Selected; Material Error.—**
(1) **Convening of board.—** — In the case of an officer or former officer who was eligible for promotion and was 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) but was not selected, the Secretary of the Air Force may, under regulations prescribed by the Secretary of Defense, convene a special selection board under this subsection to determine whether the officer or former officer should be recommended for promotion, if the Secretary must determine that—
(A) the action of the selection board that considered the officer or former officer was contrary to law in a matter material to the decision of the board or involved material error of fact or material administrative error; or
(B) the board did not have before it for its consideration material information.
(2) **Board composition; oath.—** — A special selection board convened under paragraph (1) 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) (including the representation of competitive categories required by that section), and the members of such a board shall 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.—** — The special selection board shall consider the record of the officer or former officer as that record, if corrected, would have appeared to the board that considered the officer or former officer. That record shall be compared with the records of a sampling 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 for promotion, by that board.
(4) **Effect.—** — If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer whose name was referred to it for consideration, the officer or former officer incurs no additional failure of selection for promotion.
**(c) Report of Board.—** Each special selection board convened under this section shall submit to the Secretary of the Air Force a written report, signed by each member of the board, containing the name of each officer or former officer it recommends for promotion and certifying that the board has carefully considered the record of each officer or former officer whose name was referred to it.
**(d) Applicable Provisions.—** The provisions of sections 20215 and 20216 of this title apply to the report and proceedings of a special selection board convened under this section in the same manner as they apply to the report and proceedings 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).
**(e) Appointment of Officers Recommended for Promotion.—**
(1) **Promotion.—** — An officer or former officer whose name is placed on a promotion list as a result of a recommendation for promotion by a special selection board convened under this section shall, as soon as practicable, be appointed to the next higher grade in accordance with the law and policies which would have been applicable had the officer or former officer been recommended for promotion by the board which should have considered or which did consider the officer of former officer.
(2) **Status of promoted officer.—** — An officer who is promoted to the next higher grade as the result of the recommendation of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the Space Force officer list as the officer would have had if the officer had been recommended for promotion to that grade by the selection board which should have considered, or which did consider, the officer.
(3) **Correction of military record.—** — If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not currently eligible for promotion or a former officer whose name was referred to it for consideration, the Secretary of the Air Force may act under [section 1552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1552&num=0&edition=prelim) to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the officer.
**(f) Prescribing of Circumstances for Consideration by Board.—** The Secretary of Defense may prescribe by regulation—
(1) the circumstances under which consideration by a special selection board is contingent upon application for consideration by an officer or former officer; and
(2) time limits within which an officer or former officer must make such application in order to be considered by a special selection board under this section.
**(g) Convening of Boards.—** A board convened under this section—
(1) shall be convened under regulations prescribed by the Secretary of Defense;
(2) shall be 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 regulations prescribed by the Secretary of the Air Force; and
(3) shall be subject to the provisions of [section 613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section613&num=0&edition=prelim).
**(h) Limitation of Other Jurisdiction.—** No official or court of the United States shall have power or jurisdiction—
(1) over any claim based in any way on the failure of an officer or former officer of the armed forces to be selected for promotion by a selection board convened under this chapter until—
(A) the claim has been referred to a special selection board by the Secretary of the Air Force and acted upon by that board; or
(B) the claim has been rejected by the Secretary without consideration by a special selection board; or
(2) to grant any relief on such a claim unless the officer or former officer has been selected for promotion by a special selection board convened under this section to consider the officer or former officer’s claim.
**(i) Judicial Review.—**
(1) A court of the United States may review a determination by the Secretary of the Air Force under subsection (a)(1), (b)(1), or (e)(3) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the Secretary, who shall provide for consideration of the officer or former officer by a special selection board under this section.
(2) If a court finds that the action of a special selection board which considers an officer or former officer was contrary to law or involved material error of fact or material administrative error, it shall remand the case to the Secretary, who shall provide the officer or former officer reconsideration by a new special selection board.
**(j) Designation of Boards.—** The Secretary of the Air Force may designate a promotion board convened under [section 20201(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20201/a&num=0&edition=prelim) as a special selection board convened under this section.
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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.
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
**(a)**
(1) The Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. Except as provided in paragraph (2), such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that military department. The Secretary of Homeland Security may in the same manner correct any military record of the Coast Guard.
(2) The Secretary concerned is not required to act through a board in the case of the correction of a military record announcing a decision that a person is not eligible to enlist (or reenlist) or is not accepted for enlistment (or reenlistment) or announcing the promotion and appointment of an enlisted member to an initial or higher grade or the decision not to promote an enlisted member to a higher grade. Such a correction may be made only if the correction is favorable to the person concerned.
(3)
(A) Corrections under this section shall be made under procedures established by the Secretary concerned. In the case of the Secretary of a military department, those procedures must be approved by the Secretary of Defense.
(B) If a board makes a preliminary determination that a claim under this section lacks sufficient information or documents to support the claim, the board shall notify the claimant, in writing, indicating the specific information or documents necessary to make the claim complete and reviewable by the board.
(C) If a claimant is unable to provide military personnel or medical records applicable to a claim under this section, the board shall make reasonable efforts to obtain the records. A claimant shall provide the board with documentary evidence of the efforts of the claimant
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1552
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment and Composition of Boards.—**
(1) **In general.—** — Members of a selection board shall be appointed by the Secretary of the Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a space force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a space force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable.
(2) **Representation from competitive categories.—**
(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.
(B) A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board.
(3) **Retired officers.—** — If qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20212
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Federal law — U.S. Code and appendices · legal_authorities
Each member of a selection board convened under [section 14101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101&num=0&edition=prelim) shall take an oath to perform the duties of a member of the board without prejudice or partiality, having in view both the special fitness of officers and the efficiency of the member’s armed force.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Each member of a selection board shall swear that he will perform his duties as a member of the board without prejudice or partiality and having in view both the special fitness of officers and the efficiency of his armed force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 613
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
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. § 20252
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