10 U.S.C. § 20212 — Composition of selection boards
submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 686 words · no verdicts yet
This section sets the rules for who sits on Space Force promotion selection boards. Boards need at least five officers senior to those being considered, drawn from different duty statuses and career fields. Retired officers can fill gaps, and officers face limits on serving on back-to-back boards.
(a) Appointment and Composition of Boards. The Secretary of the Air Force appoints selection board members. A board must have five or more Space Force officers, each serving in a grade* higher than the officers being considered, but no board member can be below the grade of major. The board must include at least one member serving on sustained duty* and at least one in an active status* who isn't on sustained duty, and the mix of sustained-duty to non-sustained-duty members should reflect, as much as practical, the mix of officers being considered. The board should also reflect the Space Force's diverse population, as much as practical.
Every competitive category of officer* being considered must have at least one board member from that same category, unless there's no eligible officer from that category in a higher grade to serve.
If qualified officers on the Space Force officer list are not available in sufficient number to make up a board, the Secretary must complete the board by appointing retired Space Force officers in a higher grade. If there are not enough such Space Force officers, the Secretary must appoint retired Air Force officers in a higher grade, but only if the officer served in the Space Force or in a space-related Air Force career field for enough time that the Secretary determines the officer has adequate knowledge of the performance and conduct standards required of a Space Force officer. A retired general officer* serving on active duty* just to sit on a board doesn't count against any limit on the number of active-duty general and flag officers.
(b) Limitation on Membership on Consecutive Boards. Generally, an officer can't serve on two selection boards in a row that consider the same competitive category and grade. This limit doesn't apply to boards considering officers for colonel or brigadier general.
(c) Joint Qualified Officers. Any board considering an officer who is serving, or has served, on the Joint Staff, or who is a joint qualified officer, must include at least one officer picked by the Chairman of the Joint Chiefs of Staff who is also joint qualified. The Secretary of Defense may waive this requirement for any Space Force selection board.
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 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 serving on sustained duty* and at least one member in a space force active status* who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a space force active 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.
Except as provided in subparagraph (B), a selection board shall include at least one officer* from each competitive category of officers to be considered by the board.
A selection board need not include an officer 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.
If qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board—
Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and
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 consideration by the board and who are retired officers, 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 adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.
A retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
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 consideration of officers of the same competitive category and grade.
Paragraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general.
Each selection 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.
Paragraph (1) applies with respect to an officer who—
is serving on, or has served on, the Joint Staff; or
is a joint qualified officer.
The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force.
Source credit: (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.)
- 2023Enacted · Pub. L. 118-31 · 137 Stat. 634
- 2024Amended · Pub. L. 118-159 · 138 Stat. 1882
A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.
all 0 arguments · sorted by: best
no arguments yet — make the first case