Sec. 1816. 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 Sec. I. Original appointments 20201 II. Selection boards 20211 III. Promotions 20231 IV. Persons not considered for promotion and other promotion-related provisions 20241 V. Applicability of other laws 20251 Sec. 20201. Original appointments: how made. 20202. Original appointments: qualifications. 20203. Original appointments: service credit.
The provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force. 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.
The provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers. . 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 by striking Regular before Space Force each place it appears. 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 by striking Regular before Space Force each place it appears. Chapter 205 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapters: Sec. 20211.
Convening of selection boards. 20212. Composition of selection boards. 20213. Notice of convening of selection boards. 20214. Information furnished to selection boards. 20215. Recommendations for promotion by selection boards. 20216. Reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general. 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. 20404 selection boards 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— notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. 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 section 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. The provisions of section 615 of this title shall apply to information furnished to selection boards. The provisions of section 616 of this title shall apply to recommendations for promotion by selection boards. The provisions of section 617 of this title shall apply to reports of selection boards. The provisions of section 618 of this title shall apply to action on reports of selection boards. Sec. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions. 20233. Opportunities for consideration for promotion. 20234. Space Force officer list. 20235. Competitive categories. 20236. Numbers to be recommended for promotion. 20237. Establishment of promotion zones. 20238. Promotions: how made; authorized delay of promotions. 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. Subject to paragraph (5), 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. When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph
(2)applies. The Secretary of the Air Force may waive paragraph
(2)to the extent necessary to assure that officers described in subparagraph
(A)of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. 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. Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. Paragraph
(1)does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time. Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. The Secretary of the Air Force— may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; 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. The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. 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 20238(a)(4) of this title. An officer in the grade of captain who is not a citizen of the United States. An officer excluded under subsection (e). 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 basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; 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 the officer has not previously opted out of a promotion board under this authority. The provisions of section 619a of this title shall apply to officers of the Space Force. 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 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. 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 Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— the number of officers needed in that competitive category in the next higher grade in each of the next five years; the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and 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 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. 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 a general officer grade 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. Sec. 20241. Persons not considered for promotion and other promotion-related provisions. Subchapter III of chapter 36 of this title shall apply to officers of the Space Force. Sec. 20251. Applicability of certain DOPMA officer personnel policy provisions. 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). Subchapter IV (relating to continuation on active duty and selective early retirement). 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. .