Title 10, Armed ForcesRelease 119-110

§20233 Eligibility for Consideration for Promotion: Designation as Joint Qualified Officer Required Before Promotion to Brigadier General; Exceptions

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

Last updated Sep 22, 2026|Official source

Summary

An officer on the Space Force officer list cannot be promoted to brigadier general unless they are named a joint qualified officer under section 661. The Secretary of Defense can grant a one-off waiver in a few cases: when needed for the good of the service; for officers promoted mainly for scientific or technical skills where joint rules do not apply; for officers already in a joint duty job with at least two consecutive years there who have finished the education program in section 2155(b) and (c); or for officers picked for promotion who finished the education part of section 661(c)(1)(A) but have not had the chance to finish the experience part in section 661(c)(1)(B), and who are not otherwise exempt. Waivers must be decided case by case. If the waiver is for the good of the service, the officer’s first job as a general must be a joint duty assignment. The waiver in the last case can only be delegated as allowed in section 619a(e). The Secretary of Defense must write rules and must list which science/technical officer types fit that exception. The joint-qualification rule does 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, at the time of transfer, is a major, lieutenant colonel, or colonel, or a Navy/Coast Guard lieutenant commander, commander, or captain.

Full Legal Text

Title 10, §20233

Armed Forces, Source: USLM XML via OLRC

(a)General Rule.—
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)Exceptions.—
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)Waiver to Be Individual.—
A waiver may be granted under subsection (b) only on a case-by-case basis in the case of an individual officer.
(d)Special Rule for Good-of-the-service Waiver.—
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)Limitation on Delegation of Waiver Authority.—
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)Regulations.—
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)Exemption.—
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 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110