--- kind: "section" citation: "10 U.S.C. § 20239" title: "10" title_heading: "Armed Forces" number: "20239" heading: "Promotions: how made" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/20239" units: - "Subtitle F — Alternative Military Personnel Systems" - "Part I — Space Force" - "Chapter 2005 — Officers" - "Subchapter III — Promotions" --- # §20239. Promotions: how made - (a) **Promotion Lists.—** - (1) **Placement of names on promotion list.—** When the report of a selection board convened under [section 20211 of this title](/usc/10/20211.md) is approved by the President, the Secretary of the Air Force shall place the names of all [officers](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list or based on particular merit, as determined by the promotion board, or as modified by the Secretary of the Air Force under [section 20217 of this title](/usc/10/20217.md). - (2) **Time of establishment of promotion list.—** 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 [paragraph (1)](#a-1). - (b) **Promotions; How Made; Order.—** - (1) **Appointment authority.—** [Officers](/usc/10/101.md?p=b-1) on a promotion list shall be promoted by appointment in the manner specified in [section 20201 of this title](/usc/10/20201.md). - (2) **Timing.—** [Officers](/usc/10/101.md?p=b-1) on a promotion list for a competitive category shall be promoted to the next higher [grade](/usc/10/101.md?p=b-7) in accordance with regulations prescribed by the Secretary of the Air Force. - (3) **Order.—** Except as provided in subsections [(e)](#e) and [(f)](#f), promotions shall be made in the order in which the names of [officers](/usc/10/101.md?p=b-1) appear on the promotion list and after [officers](/usc/10/101.md?p=b-1) previously selected for promotion in that competitive category have been promoted. - (4) **Promotions to grade of first lieutenant.—** [Officers](/usc/10/101.md?p=b-1) to be promoted to the [grade](/usc/10/101.md?p=b-7) of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. - (c) **Promotion of First Lieutenants on an All-fully-qualified Officers List.—** - (1) Except as provided in [subsection (f)](#f), [officers](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list in the [grade](/usc/10/101.md?p=b-7) of first lieutenant who are on an approved all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list shall be promoted to the [grade](/usc/10/101.md?p=b-7) of captain in accordance with regulations prescribed by the Secretary of the Air Force. - (2) An all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list shall be considered to be approved for purposes of [paragraph (1)](#c-1) 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. - (3) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list only when the Secretary determines that all [officers](/usc/10/101.md?p=b-1) on the list are needed in the next higher [grade](/usc/10/101.md?p=b-7) to accomplish mission objectives. - (4) For purposes of this paragraph, an all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list is a list of all [officers](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list in a [grade](/usc/10/101.md?p=b-7) who the Secretary of the Air Force determines— - (A) are fully qualified for promotion to the next higher [grade](/usc/10/101.md?p=b-7); and - (B) would be eligible for consideration for promotion to the next higher [grade](/usc/10/101.md?p=b-7) by a selection board convened under [section 20211 of this title](/usc/10/20211.md) upon the convening of such a board. - (5) If the Secretary of the Air Force determines that one or more [officers](/usc/10/101.md?p=b-1) or former [officers](/usc/10/101.md?p=b-1) were not placed on an all-fully-qualified-list under this subsection because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list containing the names of any such [officers](/usc/10/101.md?p=b-1) for approval in accordance with this subsection. - (d) **Date of Rank.—** - (1) **General rule.—** The date of [rank](/usc/10/101.md?p=b-8) of an [officer](/usc/10/101.md?p=b-1) appointed to a higher [grade](/usc/10/101.md?p=b-7) under this section is determined under [section 741(d) of this title](/usc/10/741.md?p=d). - (2) **Adjustments.—** The date of [rank](/usc/10/101.md?p=b-8) of an [officer](/usc/10/101.md?p=b-1) appointed to a higher [grade](/usc/10/101.md?p=b-7) under this section may be adjusted in the same manner as an adjustment may be made under [section 741(d)(4) of this title](/usc/10/741.md?p=d-4) in the date of [rank](/usc/10/101.md?p=b-8) of an [officer](/usc/10/101.md?p=b-1) appointed to a higher [grade](/usc/10/101.md?p=b-7) under [section 624(a) of this title](/usc/10/624.md?p=a). In any use of the authority under the preceding sentence, [section 741(d)(4)(C)(ii) of this title](/usc/10/741.md?p=d-4-C-ii) shall be applied by substituting “Space Force [officer](/usc/10/101.md?p=b-1) list” for “[active-duty list](/usc/10/101.md?p=b-13)”. - (3) **Additional pay and allowances precluded.—** Except as provided in [paragraph (2)](#d-2) or as otherwise specifically authorized by law, an [officer](/usc/10/101.md?p=b-1) is not entitled to additional [pay](/usc/10/101.md?p=a-15) or allowances if the effective date of the [officer](/usc/10/101.md?p=b-1)’s promotion is adjusted to reflect a date earlier than the actual date of the [officer](/usc/10/101.md?p=b-1)’s promotion. - (e) **Delay of Promotions to General Officer Grades to Comply With Strength Limitations.—** Under regulations prescribed by the Secretary of Defense, the promotion of an [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list to the [grade](/usc/10/101.md?p=b-7) of brigadier general or major general shall be delayed if that promotion would cause any strength limitation of [section 526 of this title](/usc/10/526.md) 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. - (f) **Authority to Delay Appointments for Specified Reasons.—** The provisions of [section 14311 of this title](/usc/10/14311.md) shall apply to the appointment of an [officer](/usc/10/101.md?p=b-1) under this section in the same manner as they apply to an appointment of an [officer](/usc/10/101.md?p=b-1) under that section, and any reference in that section to an [reserve active-status list](/usc/10/101.md?p=c-7) shall be treated for purposes of applicability to an [officer](/usc/10/101.md?p=b-1) of the Space Force as referring to 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. 645; amended Pub. L. 118–159, div. A, title V, § 521(s), Dec. 23, 2024, 138 Stat. 1882.) ## Notes ### Editorial Notes ### Amendments 2024—Subsec. (c)(2). Pub. L. 118–159, § 521(s)(1), substituted “paragraph (1)” for “subparagraph (A)”. Subsec. (d)(2). Pub. L. 118–159, § 521(s)(2), substituted “section 741(d)(4)(C)(ii) of this title” for “subparagraph (C)(ii) of such section”.