Title 10Armed ForcesRelease 119-73

§20233 Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions

Title 10 › Subtitle Subtitle F— - Alternative Military Personnel Systems › Part PART I— - SPACE FORCE › Chapter CHAPTER 2005— - OFFICERS › Subchapter SUBCHAPTER III— - PROMOTIONS › § 20233

Last updated Apr 6, 2026|Official source

Summary

Space Force officers may not be promoted to brigadier general unless they are officially designated as "joint qualified" under section 661. The Secretary of Defense can grant a one-off waiver for an individual in four cases: when needed for the service; when the officer is picked mainly for scientific or technical skills that have no joint requirement (the Secretary will list which jobs those are in rules); when the officer is already in a joint duty job, has at least two years of continuous joint service, and finished the education program in section 2155(b) and (c); or when the officer was picked by a promotion board, is not covered by the transfer exception below, has finished the education in section 661(c)(1)(A) but has not had the chance to get the experience in 661(c)(1)(B). Waivers must be decided case by case. If the waiver is for the first reason, the officer’s first assignment as a general must be a joint duty job. The Secretary’s ability to delegate the fourth waiver follows section 619a(e). Officers who transfer from a reserve component before the first day of the sixth fiscal year after this law was enacted, and who transfer in as major, lieutenant colonel, or colonel (or Navy/Coast Guard equivalents), are not covered by the joint-qualification rule.

Full Legal Text

Title 10, §20233

Armed Forces — Source: USLM XML via OLRC

(a)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.
(b)Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances:
(1)When necessary for the good of the service.
(2)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.
(3)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—
(A)the officer’s total consecutive service in joint duty assignments is not less than two years; and
(B)the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title.
(4)In the case of an officer who—
(A)is selected by a promotion board for appointment to the grade of brigadier general;
(B)is not exempted under subsection (g); and
(C)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.
(c)A waiver may be granted under subsection (b) only on a case-by-case basis in the case of an individual officer.
(d)In the case of a waiver under subsection (b)(1), the Secretary of Defense shall provide that the first duty assignment as a general officer of the officer for whom the waiver is granted shall be in a joint duty assignment.
(e)The authority of the Secretary of Defense to grant a waiver under subsection (b)(4) may only be delegated as provided in section 619a(e) of this title.
(f)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.
(g)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Reference

Citations & Metadata

Citation

10 U.S.C. § 20233

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73