10 U.S.C. § 20232 — Authority to allow officers to opt out of selection board consideration

submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 303 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Air Force may let a Space Force officer skip a promotion board, if the officer asks and the Secretary approves. The Secretary can only approve this to let the officer finish a special assignment, finish certain education, or keep serving in a hard-to-fill critical skill job, and only under set conditions.

(a) Authority. The Secretary of the Air Force may allow a Space Force officer to opt out of being considered by a promotion board, if the officer requests it and the Secretary approves. (b) Criteria. The Secretary may approve a request only in three situations. (1) Completion of certain assignments. The officer needs to finish a broadening assignment, an advanced education assignment, another assignment of real value to the Department, or a career step delayed by one of those assignments. The Secretary must find that skipping the board serves the Space Force's best interest. And the officer must never have already failed to be promoted to that grade. (2) Completion of certain education. The officer needs to finish advanced education or professional military education. The Secretary must find it serves the Space Force's best interest for the officer to keep the current job and grade. And the officer must never have opted out of a board before. (3) Service in a critical skill position. The officer holds a critical skill job that no other Space Force officer of the same grade could fill. The Secretary must find it serves the Space Force's best interest for the officer to keep the current job and grade. And the officer must never have opted out of a board before.

the actual law source: uscode.house.gov ↗public domain

(a)Authority.—

The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade.

(b)Criteria.—

The Secretary may only approve a request under subsection (a) as follows:

(1)Completion of certain assignments.—

If—

(A)

the basis for the request is to allow an officer to complete a broadening assignment, an advanced education assignment, another assignment of significant value to the Department, or a career progression requirement delayed by such an assignment;

(B)

the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and

(C)

the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.

(2)Completion of certain education.—

If—

(A)

the basis for the request is to allow an officer to complete advanced education or professional military education;

(B)

the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in current position and grade; and

(C)

the officer has not previously opted out of a promotion board under this section.

(3)Service in critical skill position.—

If—

(A)

the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade;

(B)

the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and

(C)

the officer has not previously opted out of a promotion board under this section.

Source credit: (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 641.)

history & why it existsrecord from the source credit

2023Enacted · Pub. L. 118-31 · 137 Stat. 641

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.

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