10 U.S.C. § 20238 — Establishment of promotion zones

Page 3816 TITLE 10—ARMED FORCES § 20238 (B) the estimated number of officers need- ed to fill vacancies in those positions during the period in which it is anticipated that of- ficers selected for promotion will be pro- moted; and (C) the number of officers in a space force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consider- ation. (b) PROMOTION TO BRIGADIER GENERAL AND MAJOR GENERAL.— (1) DETERMINATION OF MAXIMUM NUMBERS.— Before convening a selection board under sec- tion 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Sec- retary of the Air Force shall determine the maximum number of officers serving in a space force active status on sustained duty, and the maximum number of officers serving in a space force active status not on sustained duty, that the board may recommend for pro- motion. (2) DETERMINATIONS.—In order to make the determinations under paragraph (1), the Sec- retary shall determine— (A) the number of positions needed to ac- complish mission objectives which require officers serving in a space force active status on sustained duty, and in a space force ac- tive status not on sustained duty, in the grade to which the board will recommend of- ficers for promotion; and (B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 644.) § 20238. Establishment of promotion zones (a) IN GENERAL.—Before convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Sec- retary of the Air Force shall establish a pro- motion zone for officers serving in each grade and competitive category to be considered by the board. (b) DETERMINATION OF NUMBER.—The Sec- retary of the Air Force shall determine the number of officers in the promotion zone for of- ficers serving in any grade and competitive cat- egory from among officers who are eligible for promotion in that grade and competitive cat- egory. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for offi- cers to be promoted to a grade to which sec- tion 523 of this title is applicable, the number of officers authorized for such grade under such section to be on sustained duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for pro- motion. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 645.) § 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 is ap- proved 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 par- ticular merit, as determined by the promotion board, or as modified by the Secretary of the Air Force under section 20217 of this title. (2) TIME OF ESTABLISHMENT OF PROMOTION LIST.—A promotion list is considered to be es- tablished 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 appoint- ment in the manner specified in section 20201 of this title. (2) TIMING.—Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regu- lations prescribed by the Secretary of the Air Force. (3) ORDER.—Except as provided in sub- sections (e) and (f), promotions shall be made in the order in which the names of officers ap- pear on the promotion list and after officers previously selected for promotion in that com- petitive category have been promoted. (4) PROMOTIONS TO GRADE OF FIRST LIEUTEN- ANT.—Officers to be promoted to the grade of first lieutenant shall be promoted in accord- ance with regulations prescribed by the Sec- retary of the Air Force. (c) PROMOTION OF FIRST LIEUTENANTS ON AN ALL-FULLY-QUALIFIED OFFICERS LIST.—(1) Except as provided in subsection (f), officers on the Space Force officer list in the grade of first lieu- tenant who are on an approved all-fully-quali- fied-officers list shall be promoted to the grade of captain in accordance with regulations pre- scribed by the Secretary of the Air Force. (2) An all-fully-qualified-officers list shall be considered to be approved for purposes of para- graph (1) when the list is approved by the Presi- dent. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (3) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when