Section 20203 - Original appointments: service credit(a) IN GENERAL.-The provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers.(b) CREDIT FOR PRIOR SERVICE.-(1) For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade in the Space Force, such person shall be credited at the time of such appointment with any commissioned service (other than service as a commissioned warrant officer) that the person performed before such appointment-(2) The regulations prescribed by the Secretary of Defense under section 533 of this title shall apply to the Space Force to authorize the Secretary of the Air Force to limit the amount of prior active commissioned service with which a person receiving an original appointment may be credited under paragraph (1).(b) CREDIT FOR EDUCATION, TRAINING, AND EXPERIENCE.-(1) Under regulations prescribed by the Secretary of the Air Force, the Secretary shall credit a person who is receiving an original appointment in a commissioned grade in the Space Force and who has advanced education, training, or special experience with constructive service for such education, training, or experience in a particular officer career field as designated by the Secretary of the Air Force, if such education, training, or experience is directly related to the operational needs of the Space Force.(2)(A) The Secretary may credit a person with constructive service under this subsection for each instance of relevant advanced education or training or special experience regardless of whether two or more such instances are concurrent.(B) The Secretary may not credit more than 20 persons with an amount of constructive credit under this paragraph in any year.(3) The amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment in the grade of colonel.(4) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.(5) Not later than December 1 of each year, the Secretary of the Air Force shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the amount of constructive service credited under this subsection during the preceding calendar year.(c) AUTHORIZED USE OF CONSTRUCTIVE CREDIT.-Constructive service credited an officer under subsection (b) shall be used only for determining the officer's-(3) service in grade for promotion eligibility.(d) EXCLUSION FOR GRADUATES OF THE SERVICE ACADEMIES.-A graduate of a Service Academy (as such term is defined in section 347 of this title) is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before graduation from such Service Academy.(e) RESERVE OFFICERS.-A reserve officer (other than a warrant officer) who receives an original appointment as an officer in the Space Force shall-(f) CONTINUITY OF EXISTING DELEGATION OF PRESIDENTIAL APPOINTMENT FUNCTIONS.-Except as otherwise provided by the President by Executive order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) relating to the functions of the President under section 531(a) of this title shall apply in the same manner to functions of the President under section 20201 of this title.Added Pub. L. 118-31, div. A, title XVII, §1716(a), Dec. 22, 2023, 137 Stat. 632.EDITORIAL NOTES
REFERENCES IN TEXTExecutive Order 13384, referred to in subsec. (f), is Ex. Ord. No. 13384, July 27, 2005, 70 F.R. 43739, which is set out as a note under section 531 of this title.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active status
- The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
- active-duty list
- The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.
- rank
- The term "rank" means the order of precedence among members of the armed forces.
- space force active status
- The term "space force active status" means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.