ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 20215Recommendations for promotion by selection boards

submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 694 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section governs how selection boards recommend Space Force officers for promotion. A board must find an officer fully qualified and among the best qualified before recommending them. No one can pressure the board, and it may rank standout officers higher on the list.

(a) Board to Recommend Officers Best Qualified for Promotion. A selection board must recommend, for promotion to the next grade, the officers it considers best qualified within each competitive category, weighing the Space Force's need for officers with particular skills, as noted in the guidance given to the board under section 615(b). (b) Number to Be Recommended. The Secretary of the Air Force sets how many officers a board may recommend. (c) Board Procedures for Recommendations; Limitations. A board can only recommend an officer if a majority of the board's members vote for the officer; a majority finds the officer fully qualified; and, after weighing any adverse information given to the board under section 615, a majority finds the officer is among the best qualified to meet the Space Force's needs, consistent with the exemplary-conduct standard in section 9233. (d) Limitation on Promotions Under Other Authority. Unless another law says otherwise, a Space Force officer can only be promoted under this chapter if a selection board convened under this chapter, or, for an officer transferring in from another service, under chapter 36 or chapter 1403, considers and recommends them. (e) Disclosure of Board Recommendations. A board's recommendations can only be shared as the Secretary of Defense's regulations allow. They can't be shared with anyone outside the board, or its designated staff, until the board's written report is signed by every member, as required by section 617. (f) Prohibition on Attempting to Influence Members of a Board. The Secretary of the Air Force, and anyone with authority over a board member, can't scold or reprimand the board or any member over its recommendations or lawful decisions, and can't try to pressure or improperly influence the board or any member while it forms its recommendations. (g) Higher Placement on Promotion List of Officer of Particular Merit. When the Secretary of the Air Force authorizes it, a board can, under the Secretary's guidelines, recommend that officers of particular merit, from among those it's already selecting, be placed higher on the promotion list set under section 624(a)(1). An officer can only get this higher placement if at least a majority of the board recommends it, unless the Secretary sets a different requirement, which must be included in the board's guidance under section 615. For officers recommended this way, the board also recommends the order they should appear on the list, following the Secretary's guidelines.
the actual law source: uscode.house.gov ↗public domain
(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 particular skills (as noted in the guidelines or information 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 Secretary of the Air Force shall establish the number of officers such a selection board may recommend 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 promotion; and

(3)

a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under section 615 of this title, finds that the officer is among the officers best qualified for promotion 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 promotion to that grade by a selection board convened under this chapter or, in the case of an officer transferring into the Space Force from another 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 person not a member of the board (or a member of the administrative staff designated by the Secretary 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 selection 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 unauthorized means, influence any action of a selection board or any member of a selection board in the formulation of the board’s recommendations.

(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 established 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 paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary of the Air Force establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished 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 guidelines and procedures prescribed by the Secretary, the order in which those officers should be placed on the list.

Source credit: (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 636.)

history & why it existsrecord from the source credit
  • 2023Enacted · Pub. L. 118-31 · 137 Stat. 636

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

0/280

no arguments yet — make the first case