---
kind: "section"
citation: "10 U.S.C. § 20231"
title: "10"
title_heading: "Armed Forces"
number: "20231"
heading: "Eligibility for consideration for promotion: general rules"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/20231"
units:
  - "Subtitle F — Alternative Military Personnel Systems"
  - "Part I — Space Force"
  - "Chapter 2005 — Officers"
  - "Subchapter III — Promotions"
---

# §20231. Eligibility for consideration for promotion: general rules

- (a) **In General.—**
  - (1) **Requirement to be on space force officer list.—** An [officer](/usc/10/101.md?p=b-1) is eligible under this chapter for consideration for promotion by a selection board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) only if the [officer](/usc/10/101.md?p=b-1) is on the Space Force [officer](/usc/10/101.md?p=b-1) list.
  - (2) **Authority to preclude from consideration certain officers based on time of entry on or departure from sustained duty.—** The Secretary of the Air Force—
    - (A) may, by regulation, prescribe a period of time, not to exceed one year, from the time an [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list transfers on or off of [sustained duty](/usc/10/101.md?p=e-4) during which the [officer](/usc/10/101.md?p=b-1) shall be ineligible for consideration for promotion; and
    - (B) may, by regulation, provide for the exclusion from consideration for promotion by a selection board of an [officer](/usc/10/101.md?p=b-1) otherwise eligible to be considered by the board who has an established date for removal from the Space Force [officer](/usc/10/101.md?p=b-1) list that is not more than 90 days after the date on which the board is to be convened.
- (b) **Certain Officers Not to Be Considered.—** A selection board convened under [section 20211 of this title](/usc/10/20211.md) may not consider for promotion to the next higher [grade](/usc/10/101.md?p=b-7) any of the following [officers](/usc/10/101.md?p=b-1):
  - (1) An [officer](/usc/10/101.md?p=b-1) whose name is on a promotion list for that [grade](/usc/10/101.md?p=b-7) as a result of recommendation for promotion to that [grade](/usc/10/101.md?p=b-7) by an earlier selection board convened under that section or [section 20151 of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t10/s20151)), under section [14101](/usc/10/14101.md) or [14502](/usc/10/14502.md) of this title, or under [chapter 36](/usc/10/chstA/ptII/ch36.md) of this title.
  - (2) An [officer](/usc/10/101.md?p=b-1) who is recommended for promotion to that [grade](/usc/10/101.md?p=b-7) in the report of an earlier selection board convened under a provision referred to in [paragraph (1)](#b-1), in the case of such a report that has not yet been approved by the President.
  - (3) An [officer](/usc/10/101.md?p=b-1) who has been nominated by the President for promotion to that [grade](/usc/10/101.md?p=b-7) under any other provision of law, if that nomination is pending before the Senate.
  - (4) An [officer](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of first lieutenant who is on an approved all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list under [section 20239(c)(4) of this title](/usc/10/20239.md?p=c-4).
  - (5) An [officer](/usc/10/101.md?p=b-1) excluded under [section 20232 of this title](/usc/10/20232.md).
  - (6) An [officer](/usc/10/101.md?p=b-1) who has failed of promotion to a higher [grade](/usc/10/101.md?p=b-7) the maximum number of times specified for opportunities for promotion for such [grade](/usc/10/101.md?p=b-7) within the competitive category concerned pursuant to [section 20234 of this title](/usc/10/20234.md).
- (c) **Certain Colonels.—**
  - (1) **Authority to preclude from consideration.—** The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the [grade](/usc/10/101.md?p=b-7) of brigadier general, [officers](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of colonel who—
    - (A) have been considered and not selected for promotion to the [grade](/usc/10/101.md?p=b-7) of brigadier general or by at least two selection boards; and
    - (B) are determined, in accordance with standards and procedures prescribed pursuant to [paragraph (2)](#c-2), as not being exceptionally well qualified for promotion.
  - (2) **Regulations.—** If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in [subparagraph (A)](#c-2-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](/usc/10/101.md?p=a-8) and shall include the following provisions:
    - (A) 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.
    - (B) A requirement that an [officer](/usc/10/101.md?p=b-1) may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of [officers](/usc/10/101.md?p=b-1) convened by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned and composed of at least three [officers](/usc/10/101.md?p=b-1) all of whom are serving in a [grade](/usc/10/101.md?p=b-7) higher than the [grade](/usc/10/101.md?p=b-7) of such [officer](/usc/10/101.md?p=b-1).
    - (C) A requirement that such a preselection board may not recommend that an [officer](/usc/10/101.md?p=b-1) be precluded from such consideration unless the Secretary of the Air Force has given the [officer](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) a reasonable period before the convening of the board in which to submit comments to the board.
    - (D) 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.
    - (E) A requirement that the preselection board may recommend that an [officer](/usc/10/101.md?p=b-1) be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary of the Air Force, information in the [officer](/usc/10/101.md?p=b-1)’s official military personnel records that has been described in the notice provided the [officer](/usc/10/101.md?p=b-1) as required pursuant to [subparagraph (C)](#c-2-C), and any communication to the board received from that [officer](/usc/10/101.md?p=b-1) before the board convenes.
- (d) **Brigadier Generals.—**
  - (1) **Officers not on space force officer list.—** A brigadier general who is not eligible for consideration for promotion because the [officer](/usc/10/101.md?p=b-1) is not on the Space Force [officer](/usc/10/101.md?p=b-1) list (as required by [paragraph (1)](#a-1) of subsection (a) for such eligibility) is nevertheless eligible for consideration for promotion to the [grade](/usc/10/101.md?p=b-7) of major general by a selection board convened under [section 20211(a) of this title](/usc/10/20211.md?p=a) if—
    - (A) as of the date of the convening of the promotion board, the [officer](/usc/10/101.md?p=b-1) has been in an inactive status for less than the minimum threshold established in [paragraph (2)](#a-2) of subsection (a); and
    - (B) immediately before the date of the [officer](/usc/10/101.md?p=b-1)’s most recent transfer to an inactive status, the [officer](/usc/10/101.md?p=b-1) had continuously served on the Space Force [officer](/usc/10/101.md?p=b-1) list for at least one year.
  - (2) **Officers not meeting minimum participation threshold.—** A brigadier general who is on the Space Force [officer](/usc/10/101.md?p=b-1) list but who is not eligible for consideration for promotion because the [officer](/usc/10/101.md?p=b-1)’s service does not meet the minimum participation threshold established under [subsection (a)(2)](#a-2) is nevertheless eligible for consideration for promotion to the [grade](/usc/10/101.md?p=b-7) of major general by a promotion board convened under [section 20211(a) of this title](/usc/10/20211.md?p=a) if—
    - (A) the [officer](/usc/10/101.md?p=b-1) was transferred from an inactive status to the [reserve active-status list](/usc/10/101.md?p=c-7) during the one-year period preceding the date of the convening of the promotion board;
    - (B) immediately before the date of the [officer](/usc/10/101.md?p=b-1)’s most recent transfer to an [active status](/usc/10/101.md?p=d-4), the [officer](/usc/10/101.md?p=b-1) had been in an inactive status for less than one year; and
    - (C) immediately before the date of the [officer](/usc/10/101.md?p=b-1)’s most recent transfer to an inactive status, the [officer](/usc/10/101.md?p=b-1) had continuously served for at least one year on the [reserve active-status list](/usc/10/101.md?p=c-7) or the [active-duty list](/usc/10/101.md?p=b-13) (or a combination of the [reserve active-status list](/usc/10/101.md?p=c-7) and the [active-duty list](/usc/10/101.md?p=b-13)).
- (e) **Officers on Educational Delay.—** An [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list is ineligible for consideration for promotion, but shall remain on the Space Force [officer](/usc/10/101.md?p=b-1) list, while the [officer](/usc/10/101.md?p=b-1)—
  - (1) is pursuing a program of graduate level education in an educational delay status approved by the [Secretary concerned](/usc/10/101.md?p=a-9); and
  - (2) is receiving from the Secretary financial assistance in connection with the pursuit of that program of education while in that status.
- (f) **Certain Officers Not to Be Considered for Selection for Promotion.—** The Secretary of the Air Force may provide that an [officer](/usc/10/101.md?p=b-1) who is in a [space force active status](/usc/10/101.md?p=e-1), but is in a duty status in which the only points the [officer](/usc/10/101.md?p=b-1) accrues under [section 12732(a)(2) of this title](/usc/10/12732.md?p=a-2) are pursuant to [subparagraph (C)(i)](/usc/10/12732.md?p=a-2-C-i) of that section, shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such [officer](/usc/10/101.md?p=b-1) may remain on the Space Force [officer](/usc/10/101.md?p=b-1) list.

## Source credit

(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 638; amended Pub. L. 118–159, div. A, title V, § 521(q), Dec. 23, 2024, 138 Stat. 1882.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (b)(4). Pub. L. 118–159, § 521(q)(1)(A), substituted “20239(c)(4)” for “20238(a)(4)”.

Subsec. (b)(5). Pub. L. 118–159, § 521(q)(1)(B), substituted “section 20232” for “20232”.

Subsec. (c)(2)(E). Pub. L. 118–159, § 521(q)(2), substituted “Secretary of the Air Force” for “Secretary Air Force”.