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

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).

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Source file: Laws/federal/codes/united-states-code/title-10/section-20240-acceptance-of-promotions-oath-of-office--ed494b251d.md
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Source location: Title 10, Chapter 2005, § 20240; chapter-2005-officers.md

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

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

**(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

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

5 U.S.C. § 3331 — Oath of office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.

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

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

Page 3817 TITLE 10—ARMED FORCES § 20241 the Secretary determines that all officers on the list are needed in the next higher grade to ac- complish 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 selec- tion board convened under section 20211 of this title upon the convening of such a board. (5) If the Secretary of the Air Force deter- mines that one or more officers or former offi- cers were not placed on an all-fully-qualified-list under this subsection because of administrative error, the Secretary may prepare a supple- mental all-fully-qualified-officers list con- taining the names of any such officers for ap- proval 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. (2) ADJUSTMENTS.—The date of rank of an of- ficer 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 in the date of rank of an officer appointed to a higher grade under sec- tion 624(a) of this title. In any use of the au- thority under the preceding sentence, section 741(d)(4)(C)(ii) of this title shall be applied by substituting ‘‘Space Force officer list’’ for ‘‘active-duty list’’. (3) ADDITIONAL PAY AND ALLOWANCES PRE- CLUDED.—Except as provided in paragraph (2) or as otherwise specifically authorized by law, an officer i

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