10 U.S.C. § 20215 — Recommendations for promotion by se-

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-