-CITE-

10 USC CHAPTER 1403 - SELECTION BOARDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

.

-HEAD-

CHAPTER 1403 - SELECTION BOARDS

-MISC1-

Sec.

14101. Convening of selection boards.

14102. Selection boards: appointment and composition.

14103. Oath of members.

14104. Confidentiality of board proceedings.

14105. Notice of convening of promotion board.

14106. Communication with board by officers under consideration.

14107. Information furnished by the Secretary concerned to

promotion boards.

14108. Recommendations by promotion boards.

14109. Reports of promotion boards: in general.

14110. Reports of promotion boards: review by Secretary.

14111. Reports of selection boards: transmittal to President.

14112. Dissemination of names of officers selected.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(23), Feb.

10, 1996, 110 Stat. 497, substituted ''promotion'' for

''selection'' in item 14105.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 14001, 14006, 14308,

14502 of this title.

-CITE-

10 USC Sec. 14101 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14101. Convening of selection boards

-STATUTE-

(a) Promotion Boards. - (1) Whenever the needs of the Army, Navy,

Air Force, or Marine Corps require, the Secretary concerned shall

convene a selection board to recommend for promotion to the next

higher grade, under chapter 1405 of this title, officers on the

reserve active-status list of that armed force in a permanent grade

from first lieutenant through brigadier general or, in the case of

the Naval Reserve, lieutenant (junior grade) through rear admiral

(lower half). A selection board convened under this subsection

shall be known as a ''promotion board''.

(2) A promotion board convened to recommend reserve officers of

the Army or reserve officers of the Air Force for promotion (A) to

fill a position vacancy under section 14315 of this title, or (B)

to the grade of brigadier general or major general, shall be known

as a ''vacancy promotion board''. Any other promotion board

convened under this subsection shall be known as a ''mandatory

promotion board''.

(3) Paragraph (1) does not require the convening of a selection

board in the case of officers in the permanent grade of first

lieutenant or, in the case of the Navy, lieutenant (junior grade)

when the Secretary concerned recommends for promotion to the next

higher grade under section 14308(b)(4) of this title all such

officers whom the Secretary finds to be fully qualified for

promotion.

(b) Continuation Boards. - Whenever the needs of the Army, Navy,

Air Force, or Marine Corps require, the Secretary concerned may

convene a selection board to recommend officers of that armed force

-

(1) for continuation on the reserve active-status list under

section 14701 of this title;

(2) for selective early removal from the reserve active-status

list under section 14704 of this title; or

(3) for selective early retirement under section 14705 of this

title.

A selection board convened under this subsection shall be known as

a ''continuation board''.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2924; amended Pub. L. 105-85, div. A, title V,

Sec. 514(a), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107-107, div.

A, title V, Sec. 505(b)(3), Dec. 28, 2001, 115 Stat. 1087.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(3). Pub. L. 107-107 added par. (3).

1997 - Subsec. (a)(2). Pub. L. 105-85 struck out ''(except in the

case of a board convened to consider officers as provided in

section 14301(e) of this title)'' before ''be known as a 'vacancy

promotion board'.''

EFFECTIVE DATE

Chapter effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as a note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1558, 14102, 14103,

14104, 14105, 14106, 14107, 14108, 14109, 14110, 14301, 14304,

14305, 14306, 14307, 14308, 14312, 14315, 14316, 14317, 14501,

14502, 14504, 14701, 14704, 14705 of this title.

-CITE-

10 USC Sec. 14102 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14102. Selection boards: appointment and composition

-STATUTE-

(a) Appointment. - Members of selection boards convened under

section 14101 of this title shall be appointed by the Secretary of

the military department concerned in accordance with this section.

Promotion boards and special selection boards shall consist of five

or more officers. Continuation boards shall consist of three or

more officers. All of the officers of any such selection board

shall be of the same armed force as the officers under

consideration by the board.

(b) Composition. - At least one-half of the members of such a

selection board shall be reserve officers, to include at least one

reserve officer from each reserve component from which officers are

to be considered by the board. Each member of a selection board

must hold a permanent grade higher than the grade of the officers

under consideration by the board, and no member of a board may hold

a grade below major or lieutenant commander.

(c) Representation of Competitive Categories. - (1) Except as

provided in paragraph (2), a selection board shall include at least

one officer from each competitive category of officers to be

considered by the board.

(2) A selection board need not include an officer from a

competitive category to be considered by the board if there is no

officer of that competitive category on the reserve active-status

list or the active-duty list in a permanent grade higher than the

grade of the officers to be considered by the board and otherwise

eligible to serve on the board. However, in such a case, the

Secretary of the military department concerned, in his discretion,

may appoint as a member of the board a retired officer of that

competitive category who is in the same armed force as the officers

under consideration by the board who holds a higher grade than the

grade of the officers under consideration.

(d) Prohibition of Service on Consecutive Promotion Boards. - No

officer may be a member of two successive promotion boards convened

under section 14101(a) of this title for the consideration of

officers of the same competitive category and grade if the second

of the two boards is to consider any officer who was considered and

not recommended for promotion to the next higher grade by the first

of the two boards.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2924.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3362(b), (c), 5893(a), (b), and 8362(b), (c) of this

title, prior to repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2),

(c)(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14502, 14705 of this

title.

-CITE-

10 USC Sec. 14103 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14103. Oath of members

-STATUTE-

Each member of a selection board convened under section 14101 of

this title shall take an oath to perform the duties of a member of

the board without prejudice or partiality, having in view both the

special fitness of officers and the efficiency of the member's

armed force.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2925.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3362(d), 5894, and 8362(d) of this title, prior to repeal

by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), (c)(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14502 of this title.

-CITE-

10 USC Sec. 14104 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14104. Confidentiality of board proceedings

-STATUTE-

Except as otherwise authorized or required by law, the

proceedings of a selection board convened under section 14101 of

this title may not be disclosed to any person not a member of the

board.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2925.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5898(e) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1629(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14502 of this title.

-CITE-

10 USC Sec. 14105 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14105. Notice of convening of promotion board

-STATUTE-

(a) Required Notice. - At least 30 days before a promotion board

is convened under section 14101(a) of this title to consider

officers in a grade and competitive category for promotion to the

next higher grade, the Secretary concerned shall either (1) notify

in writing the officers eligible for consideration by the board for

promotion regarding the convening of the board, or (2) issue a

general written notice to the armed force concerned regarding the

convening of the board.

(b) Content of Notice. - A notice under subsection (a) shall

include the date on which the board is to convene and (except in

the case of a vacancy promotion board) the name and date of rank of

the junior officer, and of the senior officer, in the promotion

zone as of the date of the notice.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2925.)

-CITE-

10 USC Sec. 14106 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14106. Communication with board by officers under

consideration

-STATUTE-

Subject to regulations prescribed by the Secretary of the

military department concerned, an officer eligible for

consideration by a promotion board convened under section 14101(a)

of this title who is in the promotion zone or above the promotion

zone, or who is to be considered by a vacancy promotion board, may

send a written communication to the board calling attention to any

matter concerning the officer which the officer considers important

to the officer's case. Any such communication shall be sent so as

to arrive not later than the date on which the board convenes. The

board shall give consideration to any timely communication under

this section.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2925.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3362(f), 5900, and 8362(f) of this title, prior to repeal

by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), (c)(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14107 of this title.

-CITE-

10 USC Sec. 14107 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14107. Information furnished by the Secretary concerned to

promotion boards

-STATUTE-

(a) Integrity of the Promotion Selection Board Process. - (1) The

Secretary of Defense shall prescribe regulations governing

information furnished to selection boards convened under section

14101(a) of this title. Those regulations shall apply uniformly

among the military departments. Any regulations prescribed by the

Secretary of a military department to supplement those regulations

may not take effect without the approval of the Secretary of

Defense in writing.

(2) No information concerning a particular eligible officer may

be furnished to a selection board except for the following:

(A) Information that is in the officer's official military

personnel file and that is provided to the selection board in

accordance with the regulations prescribed by the Secretary of

Defense pursuant to paragraph (1).

(B) Other information that is determined by the Secretary of

the military department concerned, after review by that Secretary

in accordance with standards and procedures set out in the

regulations prescribed by the Secretary of Defense pursuant to

paragraph (1), to be substantiated, relevant information that

could reasonably and materially affect the deliberations of the

promotion board.

(C) Subject to such limitations as may be prescribed in those

regulations, information communicated to the board by the officer

in accordance with this section, section 14106 of this title

(including any comment on information referred to in subparagraph

(A) regarding that officer), or other applicable law.

(D) A factual summary of the information described in

subparagraphs (A), (B), and (C) that, in accordance with the

regulations prescribed pursuant to paragraph (1) is prepared by

administrative personnel for the purpose of facilitating the work

of the selection board.

(3) Information provided to a promotion board in accordance with

paragraph (2) shall be made available to all members of the board

and shall be made a part of the record of the board. Communication

of such information shall be in a written form or in the form of an

audio or video recording. If a communication is in the form of an

audio or video recording, a written transcription of the recording

shall also be made a part of the record of the promotion board.

(4) Paragraphs (2) and (3) do not apply to the furnishing of

appropriate administrative processing information to the promotion

board by an administrative staff designated to assist the board,

but only to the extent that oral communications are necessary to

facilitate the work of the board.

(5) Information furnished to a promotion board that is described

in subparagraph (B), (C), or (D) of paragraph (2) may not be

furnished to a later promotion board unless -

(A) the information has been properly placed in the official

military personnel file of the officer concerned; or

(B) the information is provided to the later selection board in

accordance with paragraph (2).

(6)(A) Before information described in paragraph (2)(B) regarding

an eligible officer is furnished to a selection board, the

Secretary of the military department concerned shall ensure -

(i) that such information is made available to such officer;

and

(ii) that the officer is afforded a reasonable opportunity to

submit comments on that information to the promotion board.

(B) If an officer cannot be given access to the information

referred to in subparagraph (A) because of its classification

status, the officer shall, to the maximum extent practicable, be

furnished an appropriate summary of the information.

(b) Information To Be Furnished. - The Secretary of the military

department concerned shall furnish to a promotion board convened

under section 14101(a) of this title the following:

(1) In the case of a mandatory promotion board, the maximum

number (as determined in accordance with section 14307 of this

title) of officers in each competitive category under

consideration that the board is authorized to recommend for

promotion to the next higher grade.

(2) The name of each officer in each competitive category under

consideration who is to be considered by the board for promotion.

(3) The pertinent records (as determined by the Secretary) of

each officer whose name is furnished to the board.

(4) Information or guidelines relating to the needs of the

armed force concerned for officers having particular skills,

including (except in the case of a vacancy promotion board)

guidelines or information relating to either a minimum number or

a maximum number of officers with particular skills within a

competitive category.

(5) Such other information or guidelines as the Secretary

concerned may determine to be necessary to enable the board to

perform its functions.

(c) Limitation on Modifying Furnished Information. - Information

or guidelines furnished to a selection board under subsection (a)

may not be modified, withdrawn, or supplemented after the board

submits its report to the Secretary of the military department

concerned pursuant to section 14109(a) of this title. However, in

the case of a report returned to a board pursuant to section

14110(a) of this title for further proceedings because of a

determination by the Secretary of the military department concerned

that the board acted contrary to law, regulation, or guidelines,

the Secretary may modify, withdraw, or supplement such information

or guidelines as part of a written explanation to the board as

provided in that section.

(d) Officers in Health-Professions Competitive Categories. - The

Secretary of each military department, under uniform regulations

prescribed by the Secretary of Defense, shall include in guidelines

furnished to a promotion board convened under section 14101(a) of

this title that is considering officers in a health-professions

competitive category for promotion to a grade below colonel or, in

the case of officers of the Naval Reserve, captain, a direction

that the board give consideration to an officer's clinical

proficiency and skill as a health professional to at least as great

an extent as the board gives to the officer's administrative and

management skills.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2926.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (b) of this section were

contained in section 5895 of this title, prior to repeal by Pub. L.

103-337, Sec. 1629(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14108, 14109, 14110 of

this title.

-CITE-

10 USC Sec. 14108 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14108. Recommendations by promotion boards

-STATUTE-

(a) Recommendation of Best Qualified Officers. - A promotion

board convened under section 14101(a) of this title shall recommend

for promotion to the next higher grade those officers considered by

the board whom the board considers best qualified for promotion

within each competitive category considered by the board or, in the

case of a vacancy promotion board, among those officers considered

to fill a vacancy. In determining those officers who are best

qualified for promotion, the board shall give due consideration to

the needs of the armed force concerned for officers with particular

skills (as noted in the guidelines or information furnished the

board under section 14107 of this title).

(b) Majority Required. - A promotion board convened under section

14101(a) of this title may not recommend an officer for promotion

unless -

(1) the officer receives the recommendation of a majority of

the members of the board; and

(2) a majority of the members of the board finds that the

officer is fully qualified for promotion.

(c) Board Recommendation Required for Promotion. - Except as

otherwise provided by law, an officer on the reserve active-status

list may not be promoted to a higher grade under chapter 1405 of

this title unless the officer is considered and recommended for

promotion to that grade by a promotion board convened under section

14101(a) of this title (or by a special selection board convened

under section 14502 of this title).

(d) Disclosure of Board Recommendations. - The recommendations of

a promotion board may be disclosed only in accordance with

regulations prescribed by the Secretary of Defense. Those

recommendations may not be disclosed to a person not a member of

the board (or a member of the administrative staff designated by

the Secretary concerned to assist the board) until the written

report of the recommendations of the board, required by section

14109 of this title, is signed by each member of the board.

(e) Prohibition of Coercion and Unauthorized Influence of Actions

of Board Members. - The Secretary convening a promotion board under

section 14101(a) of this title, and an officer or other official

exercising authority over any member of a selection board, may not

-

(1) censure, reprimand, or admonish the selection board or any

member of the board with respect to the recommendations of the

board or the exercise of any lawful function within the

authorized discretion of the board; or

(2) attempt to coerce or, by any unauthorized means, influence

any action of a promotion board or any member of a promotion

board in the formulation of the board's recommendations.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2928.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3362(e), 5893(c), 5896, and 8362(e) of this title, prior

to repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), (c)(1).

-CITE-

10 USC Sec. 14109 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14109. Reports of promotion boards: in general

-STATUTE-

(a) Report of Officers Recommended for Promotion. - Each

promotion board convened under section 14101(a) of this title shall

submit to the Secretary of the military department concerned a

report in writing containing a list of the names of the officers

recommended by the board for promotion. The report shall be signed

by each member of the board.

(b) Certification. - Each report under subsection (a) shall

include a certification -

(1) that the board has carefully considered the record of each

officer whose name was furnished to the board; and

(2) that, in the case of a promotion board convened under

section 14101(a) of this title, in the opinion of a majority of

the members of the board, the officers recommended for promotion

by the board are best qualified for promotion to meet the needs

of the armed force concerned (as noted in the guidelines or

information furnished the board under section 14107 of this

title) among those officers whose names were furnished to the

selection board.

(c) Show-Cause Recommendations. - (1) A promotion board convened

under section 14101(a) of this title shall include in its report to

the Secretary concerned the name of any reserve officer before it

for consideration for promotion whose record, in the opinion of a

majority of the members of the board, indicates that the officer

should be required to show cause for retention in an active status.

(2) If such a report names an officer as having a record which

indicates that the officer should be required to show cause for

retention, the Secretary concerned may provide for the review of

the record of that officer as provided under regulations prescribed

under section 14902 of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2928.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (a) and (b) of this

section were contained in section 5897 of this title, prior to

repeal by Pub. L. 103-337, Sec. 1629(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14107, 14108, 14110,

14502 of this title.

-CITE-

10 USC Sec. 14110 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14110. Reports of promotion boards: review by Secretary

-STATUTE-

(a) Review of Report. - Upon receipt of the report of a promotion

board submitted under section 14109(a) of this title, the Secretary

of the military department concerned shall review the report to

determine whether the board has acted contrary to law or regulation

or to guidelines furnished the board under section 14107(a) of this

title. Following that review, unless the Secretary concerned makes

a determination as described in subsection (b), the Secretary shall

submit the report as required by section 14111 of this title.

(b) Return of Report for Further Proceedings. - If, on the basis

of a review of the report under subsection (a), the Secretary of

the military department concerned determines that the board acted

contrary to law or regulation or to guidelines furnished the board

under section 14107(a) of this title, the Secretary shall return

the report, together with a written explanation of the basis for

such determination, to the board for further proceedings. Upon

receipt of a report returned by the Secretary concerned under this

subsection, the selection board (or a subsequent selection board

convened under section 14101(a) of this title for the same grade

and competitive category) shall conduct such proceedings as may be

necessary in order to revise the report to be consistent with law,

regulation, and such guidelines and shall resubmit the report, as

revised, to the Secretary in accordance with section 14109 of this

title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2929.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5898(a) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1629(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14107, 14111, 14502 of

this title.

-CITE-

10 USC Sec. 14111 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14111. Reports of selection boards: transmittal to President

-STATUTE-

(a) Transmittal to President. - The Secretary concerned, after

final review of the report of a selection board under section 14110

of this title, shall submit the report with the Secretary's

recommendations, to the Secretary of Defense for transmittal by the

Secretary to the President for approval or disapproval. If the

authority of the President to approve or disapprove the report of a

promotion board is delegated to the Secretary of Defense, that

authority may not be redelegated except to an official in the

Office of the Secretary of Defense.

(b) Removal of Name From Board Report. - The name of an officer

recommended for promotion by a selection board may be removed from

the report of the selection board only by the President.

(c) Recommendations for Removal of Selected Officers From Report.

- If the Secretary of a military department or the Secretary of

Defense makes a recommendation under this section that the name of

an officer be removed from the report of a promotion board and the

recommendation is accompanied by information that was not presented

to that promotion board, that information shall be made available

to that officer. The officer shall then be afforded a reasonable

opportunity to submit comments on that information to the officials

making the recommendation and the officials reviewing the

recommendation. If an eligible officer cannot be given access to

such information because of its classification status, the officer

shall, to the maximum extent practicable, be provided with an

appropriate summary of the information.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2929.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (a) and (b) of this

section were contained in section 5898(b) and (c) of this title,

prior to repeal by Pub. L. 103-337, Sec. 1629(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14110, 14501, 14502 of

this title.

-CITE-

10 USC Sec. 14112 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1403 - SELECTION BOARDS

-HEAD-

Sec. 14112. Dissemination of names of officers selected

-STATUTE-

(a) Time for Dissemination. - The names of the officers

recommended for promotion in the report of a selection board shall

be disseminated to the armed force concerned as follows:

(1) In the case of officers recommended for promotion to a

grade below brigadier general or rear admiral (lower half), such

names may be disseminated upon, or at any time after, the

transmittal of the report to the President.

(2) In the case of officers recommended for promotion to a

grade above colonel or, in the case of the Navy, captain, such

names may be disseminated upon, or at any time after, the

approval of the report by the President.

(3) In the case of officers whose names have not been sooner

disseminated, such names shall be promptly disseminated -

(A) upon confirmation of the promotion of the officers by the

Senate (in the case of promotions required to be submitted to

the Senate for confirmation); or

(B) upon the approval of the report by the President (in the

case of promotions not required to be submitted to the Senate

for confirmation).

(b) Names Not Disseminated. - A list of names of officers

disseminated under subsection (a) may not include -

(1) any name removed by the President from the report of the

selection board containing that name, if dissemination is under

the authority of paragraph (2) or (3)(B) of that subsection; or

(2) the name of any officer whose promotion the Senate failed

to confirm, if dissemination is under the authority of paragraph

(3)(A) of that subsection.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2930; amended Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 503(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-101.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5898(d) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1629(b)(2).

AMENDMENTS

2000 - Pub. L. 106-398 amended text generally. Prior to

amendment, text read as follows: ''Upon approval by the President

of the report of a promotion board, the names of the officers

recommended for promotion by the promotion board (other than any

name removed by the President) may be disseminated to the armed

force concerned. If those names have not been sooner disseminated,

those names (other than the name of any officer whose promotion the

Senate failed to confirm) shall be promptly disseminated to the

armed force concerned upon confirmation by the Senate.''

-CITE-