10 U.S.C. § 20212 — Composition of selection boards

Page 3809 TITLE 10—ARMED FORCES § 20212 ceed the amount required in order for the officer to be eligible for an original appointment in the grade of colonel. (4) Constructive service credited an officer under this subsection is in addition to any serv- ice credited that officer under subsection (a) and shall be credited at the time of the original ap- pointment of the officer. (5) Not later than December 1 of each year, the Secretary of the Air Force shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the amount of constructive service credited under this subsection during the preceding cal- endar year. (c) AUTHORIZED USE OF CONSTRUCTIVE CRED- IT.—Constructive service credited an officer under subsection (b) shall be used only for deter- mining the officer’s— (1) initial grade; (2) rank in grade; and (3) service in grade for promotion eligibility. (d) EXCLUSION FOR GRADUATES OF THE SERVICE ACADEMIES.—A graduate of a Service Academy (as such term is defined in section 347 of this title) is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before gradua- tion from such Service Academy. (e) RESERVE OFFICERS.—A reserve officer (other than a warrant officer) who receives an original appointment as an officer in the Space Force shall— (1) in the case of an officer on the active- duty list of an armed force immediately before that appointment, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appointment; and (2) in the case of an officer not on the active- duty list immediately before that appoint- ment, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment. (f) CONTINUITY OF EXISTING DELEGATION OF PRESIDENTIAL APPOINTMENT FUNCTIONS.—Except as otherwise provided by the President by Exec- utive order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) relating to the func- tions of the President under section 531(a) of this title shall apply in the same manner to functions of the President under section 20201 of this title. (Added Pub. L. 118–31, div. A, title XVII, § 1716(a), Dec. 22, 2023, 137 Stat. 632.) Editorial Notes REFERENCES IN TEXT Executive Order 13384, referred to in subsec. (f), is Ex. Ord. No. 13384, July 27, 2005, 70 F.R. 43739, which is set out as a note under section 531 of this title. SUBCHAPTER II—SELECTION BOARDS Sec. 20211. Convening of selection boards. 20212. Composition of selection boards. Sec. 20213. Notice of convening of selection boards. 20214. Information furnished to selection boards. 20215. Recommendations for promotion by selection boards. 20216. Reports of selection boards. 20217. Action on reports of selection boards for pro- motion to brigadier general or major gen- eral. Editorial Notes CODIFICATION Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 634, which directed amendment of chap- ter ‘‘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, added items 20211 to 20217. Amendment was made pursuant to operation of section 102 of this title. § 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 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 of- ficers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. (d) REGULATIONS.—The convening of selection boards under subsection (a) shall be under regu- lations prescribed by the Secretary of the De- fense. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 634; amended Pub. L. 118–159, div. A, title V, § 521(n), Dec. 23, 2024, 138 Stat. 1882.) Editorial Notes AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159 substituted ‘‘20239(c)(4)(A)’’ for ‘‘20238(a)(4)(A)’’. § 20212. Composition of selection boards (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 Page 3810 TITLE 10—ARMED FORCES § 20213 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 serv- ing on sustained duty and at least one member in a space force active status who is not serv- ing on sustained duty. The ratio of the mem- bers of a selection board serving on sustained duty to members serving in a space force ac- tive 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 CAT- EGORIES.—(A) Except as provided in subpara- graph (B), a selection board shall include at least one officer from each competitive cat- egory of officers to be considered by the board. (B) A selection board need not include an of- ficer 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 avail- able in sufficient number to comprise a selec- tion board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— (A) Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are re- tired officers; and (B) if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consid- eration by the board and who are retired of- ficers, but only if the Air Force officer to be appointed to the board has served in the Space Force or in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has ade- quate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. (4) EXCLUSION OF RETIRED GENERAL OFFICERS ON ACTIVE DUTY TO SERVE ON A BOARD FROM NU- MERIC GENERAL OFFICER ACTIVE-DUTY LIMITA- TIONS.—A retired general officer who is on ac- tive duty for the purpose of serving on a selec- tion board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on ac- tive duty. (b) LIMITATION ON MEMBERSHIP ON CONSECUTIVE BOARDS.— (1) GENERAL RULE.—Except as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consid- eration of officers of the same competitive category and grade. (2) EXCEPTION FOR GENERAL OFFICER BOARDS.—Paragraph (1) does not apply with re- spect to selection boards convened under sec- tion 20211 of this title for the consideration of officers in the grade of colonel or brigadier general. (c) JOINT QUALIFIED OFFICERS.—(1) Each selec- tion board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. (2) Paragraph (1) applies with respect to an of- ficer who— (A) is serving on, or has served on, the Joint Staff; or (B) is a joint qualified officer. (3) The Secretary of Defense may waive the re- quirement in paragraph (1) for any selection board of the Space Force. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 634; amended Pub. L. 118–159, div. A, title V, § 521(o), Dec. 23, 2024, 138 Stat. 1882.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–159 substituted ‘‘Sec- retary of the Air Force’’ for ‘‘Secretary of Air Force’’. § 20213. Notice of convening of selection boards (a) NOTICE TO ELIGIBLE OFFICERS.—At least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— (1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or (2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notifi- cation. (b) COMMUNICATION FROM OFFICERS.—An offi- cer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consider- ation by the board) may send a written commu- nication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. (c) NOTICE OF INTENT OF CERTAIN OFFICERS TO SERVE ON OR OFF ACTIVE DUTY.—An officer on the Space Force officer list in the grade of colo- nel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or