Sec. 1716. Officers
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Subtitle F of title 10, United States Code, as amended by section 1715, is further amended by adding at the end the following new chapter: Subchapter I—ORIGINAL APPOINTMENTS Sec. 20201. Original appointments: how made. 20202. Original appointments: qualifications. Subchapter II—Selection Boards 20211. Convening of selection boards. 20212. Composition of selection boards. 20213. Notice of convening of selection boards. 20214. Recommendations for promotion by selection boards. 20215.
Reports of selection boards. 20216. Action on reports of selection boards for promotion to brigadier general or major general. Subchapter III—Promotions 20231. Eligibility for consideration for promotion: time-in-grade and other requirements. 20232. Eligibility for consideration for promotion: senior commander nominations. 20233. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions. 20234.
Opportunities for consideration for promotion. 20235. Space Force officer list. 20236. Competitive categories. 20237. Numbers to be recommended for promotion. 20238. Promotions: how made; authorized delay of promotions. Subchapter IV—Persons not considered for promotion and other promotion-related provisions 20251. Special selection boards. 20252. Other promotion matters. Subchapter V—Applicability of other laws 20261. Applicability of certain DOPMA officer personnel policy provisions.
Original appointments of commissioned officers in the Space Force in grades below the grade of brigadier general shall be made by the Secretary of Defense. The grade of a person receiving an appointment under this section who at the time of appointment is credited with service under section 20203 of this title shall be determined under regulations prescribed by the Secretary of the Defense based upon the amount of service credited. An original appointment as a commissioned officer in the Space Force may be given only to a person who— is a citizen of the United States; is at least 18 years of age; and has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation.
A person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force. For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade in the Space Force, such person shall be credited at the time of such appointment with any active commissioned service (other than service as a commissioned warrant officer) that the person performed in any uniformed service before such appointment.
For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade in the Space Force, such person may be credited at the time of such appointment with service as a civilian employee of a Federal agency in an occupation code or career field related to the skills and experience required for officers of the Space Force. The Secretary of the Air Force shall prescribe regulations establishing which civilian employee occupation codes and career fields may be considered as related to the skills and experience required for officers of the Space Force.
The regulations prescribed by the Secretary of Defense under section 533 of this title shall apply to the Space Force to authorize the Secretary of the Air Force to limit the amount of prior active commissioned service with which a person receiving an original appointment may be credited under paragraph (1). Under regulations prescribed by the Secretary of the Air Force, the Secretary shall credit a person who is receiving an original appointment in a commissioned grade in the Space Force and who has advanced education, training, or special experience with constructive service for such education, training, or experience in a particular officer career field as designated by the Secretary of the Air Force, if such education, training, or experience is directly related to the operational needs of the Space Force.
The Secretary may credit a person with constructive credit under this subsection for each instance of relevant advanced education or training or special experience regardless of whether two or more such instances are concurrent. The amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment in the grade of colonel. Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection
(a)and shall be credited at the time of the original appointment of the officer. Constructive service credited an officer under subsection
(b)shall be used only for determining the officer’s— initial grade; rank in grade; and service in grade for promotion eligibility. A graduate of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before graduation from such Academy. . Section 101 of title 10, United States Code, is amended in subsection (b)(10) by inserting before the period at the end the following: and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion . Section 531 of such title is amended— in subsection (a)— in paragraphs
(1)and (2)— by inserting and after Regular Marine Corps ; and by striking , and in the equivalent grades in the Regular Space Force ; and by inserting after paragraph
(2)the following new paragraph: Original appointments in the grades of second lieutenant through colonel in the Space Force are provided for under section 20301 of this title. ; and in subsection (c), by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps . Section 532(a) of such title is amended by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps . Section 533 of such title is amended— in subsection (a)(2), by striking Marine Corps, and Space Force and inserting and Marine Corps ; and in subsections (a)(1), (b)(1), and (f), by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps . Chapter 205 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapters: Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. Subsection
(a)does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion. The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. The convening of selection boards under subsection
(a)shall be under regulations prescribed by the Secretary of the Defense. Members of a selection board shall be appointed by the Secretary of 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 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 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. At least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall provide to the officers who are eligible for consideration by the board and have not been excluded from consideration under section 20216(d) of this title notification in writing of the date on which the board is to convene. In the notification, the Secretary shall inform an eligible officer of how many times, if any, the officer has previously been considered by a selection board convened under section 20211 for promotion to the grade to which the board described in the notification will recommend officers for promotion. An officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. An officer on the space force officer list in the grade of colonel or brigadier general who receives a notice under subsection
(a)shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively. 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. 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. A selection board convened under section 20211 of this title may not recommend an officer for promotion unless— the officer receives the recommendation of a majority of the members of the board; a majority of the members of the board finds that the officer is fully qualified for promotion; and 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. 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. 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. The Secretary of the Air Force, and an officer or other official exercising authority over any member of a selection board, may not— 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 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. 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. 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. 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. Each selection board convened under section 20211 of this title shall submit to the Secretary of the Air Force a written report, signed by each member of the board, containing a list of the names of the officers it recommends for promotion and certifying— that the board has carefully considered the record of each officer whose name was furnished to it under section 615 of this title; and that, in the opinion of a majority of the members of the board, the officers recommended 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. A selection board convened under section 20211 of this title shall include in its report the name of any officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required under section 20503 of this title to show cause for the officer’s retention in a space force active status. A selection board convened under section 20211 of this title shall, when authorized under section 20214(g) of this title, include in its report the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list. After reviewing a report received under section 20215 of this title recommending officers on the space force officer list for promotion to the grade of brigadier general or major general, but before submitting the report to the Secretary of Defense, the Secretary of the Air Force may, under regulations prescribed by the Secretary of the Air Force, adjust the placement of officers on the promotion list recommended in the report in order to further Space Force mission accomplishment. An officer who is in a space force active status on the space force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. Except as authorized by section 20233 of this title, an officer who is in a space force active status on the space force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph
(1)applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph
(2)applies. In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. The Secretary of the Air Force— may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the space force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. A selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20419 of this title. An officer excluded under subsection (d). 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. The Secretary of the Air Force may only approve a request under paragraph
(1)if the Secretary determines the exclusion from consideration is in the best interest of the Space Force. Under regulations prescribed by the Secretary of the Air Force and subject to subsection (b), a board convened under section 20211 of this title may consider for promotion to the next higher grade an officer in a space force active status on the space force officer list in the grade of captain, major, or lieutenant colonel who— does not meet the requirements of section 20412 of this title with respect to time-in-grade; or has already been considered for promotion by a selection board convened under section 20211 of this title the maximum number of times as determined by the Secretary under section 20415 of this title and has failed of selection for promotion each time. The regulations prescribed under subsection
(a)shall require that, in order for an officer described in that subsection to be considered for promotion by a board convened under section 20211 of this title, the officer must be nominated by the commanding general of the Space Force Field Command to which the officer is assigned or, in the case of an officer on the space force officer list not assigned to a unit subordinate to a Space Force Field Command, the first lieutenant general, or civilian equivalent, in the officer’s chain of command or supervision. For an officer on the space force officer list assigned to a joint position, or a position within a Federal department or agency outside of the Department of the Air Force, the nomination may be made by a lieutenant general in the Army, Air Force, or Marine Corps or a vice admiral in the Navy, or the civilian equivalent. The regulations prescribed under subsection
(a)shall establish clear, competency-based criteria for use by the nominating officer or official in determining whether an officer described in subsection
(a)should be nominated for consideration for promotion. An officer on the space force officer list may only be nominated under this section if
(A)the officer is not eligible for consideration for promotion by a selection board convened under section 20211 of this title, and
(B)the officer has not twice previously been promoted to a higher grade on the space force officer list under this section. A nomination under this section shall be submitted to the Chief Human Capital Officer of the Space Force and shall provide sufficient information and justification for the opinion of the nominating officer that the nominated officer meets the requisite competency-based requirements for service in a higher grade and is exceptionally well qualified for promotion despite not meeting the eligibility requirements for consideration for promotion under section 20412 of this title. An officer on the space force officer list may not be appointed to the grade of brigadier general unless the officer has been designated as a joint qualified officer in accordance with section 661 of this title. Subject to subsection (c), the Secretary of Defense may waive subsection
(a)in the following circumstances: When necessary for the good of the service. In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist. In the case of an officer selected by a promotion board for appointment to the grade of brigadier general while serving in a joint duty assignment if— the officer’s total consecutive service in joint duty assignments is not less than two years; and the officer has successfully completed a program of education described in subsections
(b)and
(c)of section 2155 of this title. In the case of an officer who— is selected by a promotion board for appointment to the grade of brigadier general; is not exempted under subsection (g); and has successfully completed the education requirements prescribed in subparagraph
(A)of section 661(c)(1) of this title but has not been afforded the opportunity to complete the experience requirements described in subparagraph
(B)of that section. A waiver may be granted under subsection
(b)only on a case-by-case basis in the case of an individual officer. In the case of a waiver under subsection (b)(1), the Secretary of Defense shall provide that the first duty assignment as a general or flag officer of the officer for whom the waiver is granted shall be in a joint duty assignment. The authority of the Secretary of Defense to grant a waiver under subsection (b)(4) may be delegated to the Secretary of the Air Force and may not be further delegated. The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general is based primarily upon scientific and technical qualifications for which joint requirements do not exist. Subsection
(a)shall not apply to an officer who transfers to the Space Force from a reserve component before the first day of the sixth fiscal year beginning after the date of the enactment of this section, and who, as of the date of the transfer, is serving in the grade of major, lieutenant colonel, or colonel or, in the case of the Navy or Coast Guard, lieutenant commander, commander, or captain. Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. The number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not be fewer than two and may not exceed five. The Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years. The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade. The Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a space force active status. The list shall be known as the space force officer list. Officers shall be carried on the space force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade. An officer whose position on the space force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the space force officer list that the officer would have held if the officer had not received that appointment or assignment. Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the space force officer list. Each officer whose name appears on the space force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. The Secretary of the Air Force shall establish a single competitive category for all officers on the space force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general. Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and 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 consideration. Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion. Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— the number of positions needed to accomplish mission objectives which require officers serving in a space force active status on sustained duty, and in a space force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and 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. Based on the determinations under paragraph (1), the Secretary 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, which the selection board may recommend for promotion. When the report of a selection board convened under section 20211 of this title is approved 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 list or based on particular merit, as determined by the promotion board, or as modified by the Secretary of the Air Force under section 20216 of this title. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. Under regulations prescribed by the Secretary of Defense, the promotion of an officer on the space force officer list to the grade of brigadier general or major general shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. Except as provided in subsection (d), officers on the space force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph
(A)when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the space force officers list in a grade who the Secretary of the Air Force determines— are fully qualified for promotion to the next higher grade; and would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph. The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone. The provisions of subsection
(d)of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the space force officer list. If the Secretary of the Air Force determines that because of administrative error a person who should have been considered for selection for promotion by a selection board convened under section 20211 of this title was not so considered, the Secretary shall convene a special selection board under this subsection to determine whether that person should be recommended for promotion. A special selection board convened under paragraph
(1)shall consider the record of the person whose name was referred to it for consideration as that record would have appeared to the board that should have considered the person. That record shall be compared with a sampling of the records of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that should have considered the person. If a special selection board convened under paragraph
(1)does not recommend for promotion a person whose name was referred to it for consideration for selection for appointment to a grade other than a general officer grade, the person shall be considered to have failed of selection for promotion. If the Secretary of the Air Force determines, in the case of a person who was considered for selection for promotion by a board convened under section 20211 of this title but was not selected, that there was material unfairness with respect to that person, the Secretary may convene a special selection board under this subsection to determine whether that person should be recommended for promotion. In order to determine that there was material unfairness, the Secretary must determine that— the action of the selection board that considered the person was contrary to law in a matter material to the decision of the board or involved material error of fact or material administrative error; or the board did not have before it for its consideration material information. A special selection board convened under paragraph
(1)shall consider the record of the person whose name was referred to it for consideration as that record, if corrected, would have appeared to the board that considered the person. That record shall be compared with the records of a sampling of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that considered the person. If a special selection board convened under paragraph
(1)does not recommend for promotion a person whose name was referred to it for consideration, the person incurs no additional failure of selection for promotion. Each special selection board convened under this section shall submit to the Secretary of the Air Force a written report, signed by each member of the board, containing the name of each person it recommends for promotion and certifying that the board has carefully considered the record of each person whose name was referred to it. The provisions of sections 20215 and 20216 of this title apply to the report and proceedings of a special selection board convened under this section in the same manner as they apply to the report and proceedings of a selection board convened under section 20211 of this title. If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade a person whose name was referred to it for consideration, that person shall, as soon as practicable, be appointed to that grade in accordance with subsections (b), (c), and
(d)of section 20238 of this title. A person who is appointed to the next higher grade as the result of the recommendation of a special selection board convened under this section shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the space force officer list as the person would have had if the person had been recommended for promotion to that grade by the board which should have considered, or which did consider, the person. If a person whose name is being considered for referral to a special selection board under this section dies before the completion of proceedings under this section with respect to that person, this section shall be applied to that person posthumously. A board convened under this section— shall be convened under regulations prescribed by the Secretary of Defense; shall be composed in accordance with section 20212 of this title and regulations prescribed by the Secretary of the Air Force; and shall be subject to the provisions of section 613 of this title. The provisions of subsection
(g)of section 628 of this title (relating to judicial review) apply to the following actions with respect of any person in the same manner as those provisions apply to corresponding actions under such section 628 with respect to an officer or former officer of the Air Force: A determination by the Secretary of the Air Force under subsection (a)(1) or (b)(1) not to convene a special selection board. The action of a special selection board convened under this section. An action of the Secretary of the Air Force on the report of such a board. No official or court of the United States may, with respect to a claim based to any extent on the failure of a person to be selected for promotion by a promotion board— consider the claim unless the person has first been referred by the Secretary of the Air Force to a special selection board convened under this section and acted upon by that board and the report of the board has been approved by the President; or except as provided in subsection (g), grant any relief on the claim unless the person has been selected for promotion by a special selection board convened under this section to consider the person for recommendation for promotion and the report of the board has been approved by the President. Nothing in this section limits— the jurisdiction of any court of the United States under any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or the authority of the Secretary of the Air Force to correct a military record under section 1552 of this title. The Secretary of the Air Force shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection
(g)of section 628 of this title (as incorporated by subsection
(g)of this section), other than to paragraph (3)(C) of that subsection. The Secretary may prescribe in the regulations under this subsection the circumstances under which consideration by a special selection board may be provided for under this section, including the following: The circumstances under which consideration of a person’s case by a special selection board is contingent upon application by or for that person. Any time limits applicable to the filing of an application for such consideration. Regulations prescribed by the Secretary of the Air Force under this subsection may not take effect until approved by the Secretary of Defense. The reference in section 628(a)(1) of this title to a person above the promotion zone does not apply in the promotion of officers on the space force officer list. With respect to the promotion of officers on the space force officer list, the provisions of part II of subtitle A that refer to the effect of twice failing of selection for promotion do not apply. Except as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions: Subchapter I (relating to selection boards). Subchapter II (relating to promotions). Subchapter III (relating to failure of selection for promotion and retirement for years of service), other than sections 627, 631, and 632. Subchapter IV (relating to continuation on active duty and selective early retirement), other than sections 637, 637a, and 638. Subchapter V (additional provisions relating to promotion, separation, and retirement). Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories). . brevet ) promotions for officers with critical skills Section 605 of title 10, United States Code, is amended as follows: Subsections (a), (b)(2)(A), (f)(1), and (f)(2) are amended by striking or Marine Corps, each place it appears and inserting Marine Corps, or Space Force, . Subsection
(g)is amended— by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; and by striking paragraph
(2)and inserting the following new paragraphs
(2)and (3): In the case of the Air Force— as captain 95; as major, 305; as lieutenant colonel, 165; and as colonel, 75. In the case of the Space Force— as captain, 5; as major, 20; as lieutenant colonel, 10; and as colonel, 5. .