---
kind: "section"
citation: "10 U.S.C. § 20252"
title: "10"
title_heading: "Armed Forces"
number: "20252"
heading: "Special selection boards; correction of errors"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/20252"
units:
  - "Subtitle F — Alternative Military Personnel Systems"
  - "Part I — Space Force"
  - "Chapter 2005 — Officers"
  - "Subchapter IV — Failure of Selection for Promotion and Involuntary Separation"
---

# §20252. Special selection boards; correction of errors

- (a) **Persons Not Considered by Promotion Board Because of Administrative Error.—**
  - (1) **Convening of board.—** In the case of an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) who the Secretary of the Air Force determines was not considered for selection for promotion by a selection board convened under [section 20211 of this title](/usc/10/20211.md) because of administrative error, the Secretary shall convene a special selection board under this subsection to determine whether that [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) should be recommended for promotion.
  - (2) **Board composition; oath.—** Any such board shall be convened under regulations prescribed by the Secretary of Defense and shall be appointed and composed in accordance with [section 20212 of this title](/usc/10/20212.md) and shall include the representation of competitive categories required by that section. The members of a board convened under this subsection shall be required to take an oath in the same manner as prescribed in [section 14103 of this title](/usc/10/14103.md).
  - (3) **Record considered by board.—** A special selection board convened under [paragraph (1)](#a-1) shall consider the record of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) as that record would have appeared to the selection board that should have considered the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1). That record shall be compared with a sampling of the records of those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were recommended for promotion, and those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were not recommended for promotion, by that board.
  - (4) **Effect.—** If a special selection board convened under [paragraph (1)](#a-1) does not recommend for promotion an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) below the [grade](/usc/10/101.md?p=b-7) of colonel whose name was referred to it for consideration, the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) shall be considered to have failed of selection for promotion.
- (b) **Officers Considered but Not Selected; Material Error.—**
  - (1) **Convening of board.—** In the case of an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) who was eligible for promotion and was considered for selection for promotion by a selection board convened under [section 20211 of this title](/usc/10/20211.md) but was not selected, the Secretary of the Air Force may, under regulations prescribed by the Secretary of Defense, convene a special selection board under this subsection to determine whether the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) should be recommended for promotion, if the Secretary must determine that—
    - (A) the action of the selection board that considered the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) 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
    - (B) the board did not have before it for its consideration material information.
  - (2) **Board composition; oath.—** A special selection board convened under [paragraph (1)](#b-1) shall be appointed and composed in accordance with [section 20212 of this title](/usc/10/20212.md) (including the representation of competitive categories required by that section), and the members of such a board shall take an oath in the same manner as prescribed in [section 14103 of this title](/usc/10/14103.md).
  - (3) **Record considered by board.—** The special selection board shall consider the record of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) as that record, if corrected, would have appeared to the board that considered the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1). That record shall be compared with the records of a sampling of those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were recommended for promotion, and those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were not recommended for promotion, by that board.
  - (4) **Effect.—** If a special selection board convened under [paragraph (1)](#b-1) does not recommend for promotion an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) whose name was referred to it for consideration, the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) incurs no additional failure of selection for promotion.
- (c) **Report of Board.—** 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 [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) it recommends for promotion and certifying that the board has carefully considered the record of each [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) whose name was referred to it.
- (d) **Applicable Provisions.—** The provisions of sections [20215](/usc/10/20215.md) and [20216](/usc/10/20216.md) 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](/usc/10/20211.md).
- (e) **Appointment of Officers Recommended for Promotion.—**
  - (1) **Promotion.—** An [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) whose name is placed on a promotion list as a result of a recommendation for promotion by a special selection board convened under this section shall, as soon as practicable, be appointed to the next higher [grade](/usc/10/101.md?p=b-7) in accordance with the law and policies which would have been applicable had the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) been recommended for promotion by the board which should have considered or which did consider the [officer](/usc/10/101.md?p=b-1) of former [officer](/usc/10/101.md?p=b-1).
  - (2) **Status of promoted officer.—** An [officer](/usc/10/101.md?p=b-1) who is promoted to the next higher [grade](/usc/10/101.md?p=b-7) as the result of the recommendation of a special selection board convened under this section shall, upon such promotion, have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for the [pay](/usc/10/101.md?p=a-15) and allowances of that [grade](/usc/10/101.md?p=b-7), and the same position on the Space Force [officer](/usc/10/101.md?p=b-1) list as the [officer](/usc/10/101.md?p=b-1) would have had if the [officer](/usc/10/101.md?p=b-1) had been recommended for promotion to that [grade](/usc/10/101.md?p=b-7) by the selection board which should have considered, or which did consider, the [officer](/usc/10/101.md?p=b-1).
  - (3) **Correction of military record.—** 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](/usc/10/101.md?p=b-7) an [officer](/usc/10/101.md?p=b-1) not currently eligible for promotion or a former [officer](/usc/10/101.md?p=b-1) whose name was referred to it for consideration, the Secretary of the Air Force may act under [section 1552 of this title](/usc/10/1552.md) to correct the military record of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) to correct an error or remove an injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the [officer](/usc/10/101.md?p=b-1).
- (f) **Prescribing of Circumstances for Consideration by Board.—** The Secretary of Defense may prescribe by regulation—
  - (1) the circumstances under which consideration by a special selection board is contingent upon application for consideration by an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1); and
  - (2) time limits within which an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) must make such application in order to be considered by a special selection board under this section.
- (g) **Convening of Boards.—** A board convened under this section—
  - (1) shall be convened under regulations prescribed by the Secretary of Defense;
  - (2) shall be composed in accordance with [section 20212 of this title](/usc/10/20212.md) and regulations prescribed by the Secretary of the Air Force; and
  - (3) shall be subject to the provisions of [section 613 of this title](/usc/10/613.md).
- (h) **Limitation of Other Jurisdiction.—** No official or court of the [United States](/usc/10/101.md?p=a-1) shall have power or jurisdiction—
  - (1) over any claim based in any way on the failure of an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4) to be selected for promotion by a selection board convened under this chapter until—
    - (A) the claim has been referred to a special selection board by the Secretary of the Air Force and acted upon by that board; or
    - (B) the claim has been rejected by the Secretary without consideration by a special selection board; or
  - (2) to grant any relief on such a claim unless the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) has been selected for promotion by a special selection board convened under this section to consider the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1)’s claim.
- (i) **Judicial Review.—**
  - (1) A court of the [United States](/usc/10/101.md?p=a-1) may review a determination by the Secretary of the Air Force under subsection [(a)(1)](#a-1), [(b)(1)](#b-1), or [(e)(3)](#e-3) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the Secretary, who shall provide for consideration of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) by a special selection board under this section.
  - (2) If a court finds that the action of a special selection board which considers an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) was contrary to law or involved material error of fact or material administrative error, it shall remand the case to the Secretary, who shall provide the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) reconsideration by a new special selection board.
- (j) **Designation of Boards.—** The Secretary of the Air Force may designate a promotion board convened under [section 20201(a) of this title](/usc/10/20201.md?p=a) as a special selection board convened under this section.

## Source credit

(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 650, § 20251; renumbered § 20252 and amended Pub. L. 118–159, div. A, title V, § 521(v), Dec. 23, 2024, 138 Stat. 1883.)

## Notes

### Editorial Notes

### Amendments

2024—Pub. L. 118–159, § 521(v)(2), renumbered the second section 20251 of this title as this section.

Subsec. (b)(2). Pub. L. 118–159, § 521(v)(1)(A)(i), substituted “(1)” for “((1)” and “such” for “sch”.

Subsec. (b)(4). Pub. L. 118–159, § 521(v)(1)(A)(ii), substituted “an officer” for “a officer”.

Subsec. (f)(2). Pub. L. 118–159, § 521(v)(1)(B), substituted “which an officer” for “which of officer”.