10 U.S.C. § 20216 — Reports of selection boards

Page 3811 TITLE 10—ARMED FORCES § 20216 off sustained duty if promoted to the grade of brigadier general or major general, respectively. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 635.) § 20214. Information furnished to selection boards The provisions of section 615 of this title shall apply to information furnished to selection boards. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 636.) § 20215. Recommendations for promotion by se- lection boards (a) BOARD TO RECOMMEND OFFICERS BEST QUALIFIED FOR PROMOTION.—A selection board convened under section 20211 of this title shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Space Force for officers with par- ticular skills (as noted in the guidelines or in- formation furnished the board under section 615(b) of this title), considers best qualified for promotion within each competitive category considered by the board. (b) NUMBER TO BE RECOMMENDED.—The Sec- retary of the Air Force shall establish the num- ber of officers such a selection board may rec- ommend for promotion from among officers being considered. (c) BOARD PROCEDURES FOR RECOMMENDATIONS; LIMITATIONS.—A selection board convened under section 20211 of this title may not recommend an officer for promotion unless— (1) the officer receives the recommendation of a majority of the members of the board; (2) a majority of the members of the board finds that the officer is fully qualified for pro- motion; and (3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the of- ficer that is provided to the board under sec- tion 615 of this title, finds that the officer is among the officers best qualified for pro- motion to meet the needs of the Space Force consistent with the requirement of exemplary conduct set forth in section 9233 of this title. (d) LIMITATION ON PROMOTIONS UNDER OTHER AUTHORITY.—Except as otherwise provided by law, a Space Force officer may not be promoted to a higher grade under this chapter unless the officer is considered and recommended for pro- motion to that grade by a selection board con- vened under this chapter or, in the case of an of- ficer transferring into the Space Force from an- other armed force, chapter 36 or chapter 1403 of this title. (e) DISCLOSURE OF BOARD RECOMMENDATIONS.— The recommendations of a selection board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a per- son not a member of the board (or a member of the administrative staff designated by the Sec- retary of the Air Force to assist the board) until the written report of the recommendations of the board, required by section 617 of this title, is signed by each member of the board. (f) PROHIBITION ON ATTEMPTING TO INFLUENCE MEMBERS OF A BOARD.—The Secretary of the Air Force, and an officer or other official exercising authority over any member of a selection board, may not— (1) censure, reprimand, or admonish the se- lection board or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within the authorized discretion of the board; or (2) attempt to coerce or, by any unauthor- ized means, influence any action of a selection board or any member of a selection board in the formulation of the board’s recommenda- tions. (g) HIGHER PLACEMENT ON PROMOTION LIST OF OFFICER OF PARTICULAR MERIT.—(1) In selecting the officers to be recommended for promotion, a selection board shall, when authorized by the Secretary of the Air Force, recommend officers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary, from among those officers selected for promotion, to be placed higher on the promotion list estab- lished by the Secretary under section 624(a)(1) of this title. (2) An officer may be recommended to be placed higher on a promotion list under para- graph (1) only if the officer receives the rec- ommendation of at least a majority of the mem- bers of the board, unless the Secretary of the Air Force establishes an alternative requirement. Any such alternative requirement shall be fur- nished to the board as part of the guidelines fur- nished to the board under section 615 of this title. (3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend, pursuant to guide- lines and procedures prescribed by the Sec- retary, the order in which those officers should be placed on the list. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 636.) § 20216. Reports of selection boards (a) IN GENERAL.—Each selection board con- vened under section 20211 of this title shall sub- mit to the Secretary of the Air Force a written report, signed by each member of the board, con- taining a list of the names of the officers it rec- ommends for promotion and certifying— (1) that the board has carefully considered the record of each officer whose name was fur- nished to it under section 615 of this title; and (2) that, in the opinion of a majority of the members of the board, the officers rec- ommended for promotion by the board are best qualified for promotion to meet the needs of the Space Force (as noted in the guidelines or information furnished the board under section 615(b) of this title) among those officers whose names were furnished to the selection board. (b) OFFICERS WHO SHOULD BE REQUIRED TO SHOW CAUSE FOR RETENTION.—A selection board convened under section 20211 of this title shall include in its report the name of any officer be- Page 3812 TITLE 10—ARMED FORCES § 20217 fore it for consideration for promotion whose record, in the opinion of a majority of the mem- bers of the board, indicates that the officer should be required under section 20503 of this title to show cause for the officer’s retention in a space force active status. (c) OFFICERS RECOMMENDED TO BE PLACED HIGHER ON THE PROMOTION LIST.—A selection board convened under section 20211 of this title shall, when authorized under section 20215(g) of this title, include in its report the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list. (d) RECOMMENDATION FOR OFFICERS TO BE EX- CLUDED FROM FUTURE CONSIDERATION FOR PRO- MOTION.—A selection board convened under sec- tion 20211 of this title may include in its report a recommendation that an officer considered by the board be excluded from future consideration for promotion under this chapter. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 637; amended Pub. L. 118–159, div. A, title V, § 521(p), Dec. 23, 2024, 138 Stat. 1882.) Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–159 substituted ‘‘20215(g)’’ for ‘‘20214(g)’’. § 20217. Action on reports of selection boards for promotion to brigadier general or major gen- eral (a) IN GENERAL.—After reviewing a report re- ceived under section 20215 of this title recom- mending officers on the Space Force officer list for promotion to the grade of brigadier general or major general, but before submitting the re- port to the Secretary of Defense, the Secretary of the Air Force may, under regulations pre- scribed 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 Commit- tees on Armed Services of the Senate and House of Representatives a report informing the com- mittees that the authority has been used and the reason for the use of the authority. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 638.) SUBCHAPTER III—PROMOTIONS Sec. 20231. Eligibility for consideration for promotion: general rules. 20232. Authority to allow officers to opt out of se- lection board consideration. 20233. Eligibility for consideration for promotion: designation as joint qualified officer re- quired before promotion to brigadier gen- eral; exceptions. 20234. Opportunities for consideration for pro- motion. Sec. 20235. Space Force officer list. 20236. Competitive categories. 20237. Numbers to be recommended for promotion. 20238. Establishment of promotion zones. 20239. Promotions: how made. 20240. Acceptance of promotions; oath of office. 20241. Removal of officers from a list of officers rec- ommended for promotion. 20242. Authority to vacate promotions to grade of brigadier general. 20243. General officers ceasing to occupy positions commensurate with grade. Editorial Notes CODIFICATION Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 634, 638, which directed amendment of chapter ‘‘205’’ of this title by adding this subchapter at the end, was executed by adding this subchapter at the end of this chapter, which is chapter 2005, to reflect the probable intent of Congress. AMENDMENTS Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 634, 638, 641–645, 647–649, added items 20231 to 20243. Amendment was made pursuant to operation of section 102 of this title. § 20231. Eligibility for consideration for pro- motion: general rules (a) IN GENERAL.— (1) REQUIREMENT TO BE ON SPACE FORCE OFFI- CER LIST.—An officer is eligible under this chapter for consideration for promotion by a selection board convened under section 14101(a) of this title only if the officer is on the Space Force officer list. (2) AUTHORITY TO PRECLUDE FROM CONSIDER- ATION CERTAIN OFFICERS BASED ON TIME OF ENTRY ON OR DEPARTURE FROM SUSTAINED DUTY.—The Secretary of the Air Force— (A) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty dur- ing which the officer shall be ineligible for consideration for promotion; and (B) may, by regulation, provide for the ex- clusion from consideration for promotion by a selection board of an officer otherwise eli- gible to be considered by the board who has an established date for removal from the Space Force officer list that is not more than 90 days after the date on which the board is to be convened. (b) CERTAIN OFFICERS NOT TO BE CONSIDERED.— A selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following offi- cers: (1) An officer whose name is on a promotion list for that grade as a result of recommenda- tion for promotion to that grade by an earlier selection board convened under that section or section 20151 of this title, under section 14101 or 14502 of this title, or under chapter 36 of this title. (2) An officer who is recommended for pro- motion to that grade in the report of an ear- lier selection board convened under a provi- sion referred to in paragraph (1), in the case of