Title 10Armed ForcesRelease 119-73

§20241 Removal of officers from a list of officers recommended for promotion

Title 10 › Subtitle Subtitle F— - Alternative Military Personnel Systems › Part PART I— - SPACE FORCE › Chapter CHAPTER 2005— - OFFICERS › Subchapter SUBCHAPTER III— - PROMOTIONS › § 20241

Last updated Apr 6, 2026|Official source

Summary

The President can take an officer’s name off a promotion list at any time before that officer is promoted. If the Senate does not approve an officer’s appointment to the next higher grade, the officer’s name must be removed from the approved list. For officers whose promotions need Senate approval, their name is removed automatically if they are not appointed during their “promotion eligibility period,” which starts when the list is approved and ends on the first day of the 18th month after the month the list was approved. The President can extend that period one time for 12 more months before it ends. Under rules set by the Secretary of the Air Force, a Space Force officer who is discharged, dropped, or put on retired status after being recommended but before promotion will have their name taken off the list. An officer whose name was removed can still be considered again. If the next selection board recommends the officer and the officer is promoted, the Secretary of the Air Force may give the officer the same date of rank, same pay start date, and same spot on the list as if the name had never been removed. If an officer below the grade of colonel is not recommended by the next board, is removed again, or the Senate again does not approve the promotion, the officer is treated as having failed selection. Earlier Executive orders about the President’s duties under sections 629 or 14310 apply here unless the President says otherwise.

Full Legal Text

Title 10, §20241

Armed Forces — Source: USLM XML via OLRC

(a)The President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted.
(b)If the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list.
(c)(1)If an officer whose name is on a list of officers approved for promotion under section 20238(a) of this title to a grade for which appointment is required by section 20201(a) of this title to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
(2)Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months.
(3)In this subsection, the term “promotion eligibility period” means, with respect to an officer whose name is on a list of officers approved for promotion under section 20238(a) of this title to a grade for which appointment is required by section 20201(a) of this title to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved.
(d)Under regulations prescribed by the Secretary of the Air Force, if an officer on the Space Force officer list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter, but before being promoted, the officer’s name shall be administratively removed from the list of officers recommended for promotion by a selection board.
(e)(1)An officer whose name is removed from a list under subsection (a), (b), or (c) continues to be eligible for consideration for promotion. If that officer is recommended for promotion by the next selection board convened for that officer’s grade and competitive category and the officer is promoted, the Secretary of the Air Force may, upon the promotion, grant the officer the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the Space Force officer list, as the officer would have had if the officer’s name had not been removed from the list.
(2)If such an officer who is in a grade below the grade of colonel is not recommended for promotion by the next selection board convened for the officer’s grade and competitive category, or if the officer’s name is again removed from the list of officers recommended for promotion, or if the Senate again does not give its advice and consent to his promotion, the officer shall be considered for all purposes to have failed of selection for promotion to the next higher grade.
(f)Except as otherwise provided by the President by Executive order, any Executive order issued before the date of the enactment of this section relating to functions of the President under section 629 or 14310 of this title shall apply in the same manner to functions of the President under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Amendments

2024—Subsec. (f). Pub. L. 118–159 substituted “section 629 or 14310” for “section 14310”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 20241

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73