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10 U.S.C. § 14104 — Nondisclosure of board proceedings
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Disclosure.—** The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim).
**(b) Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—** The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—
(1) are immune from legal process;
(2) may not be admitted as evidence; and
(3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.
**(c) Applicability.—** This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.
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Source file: Laws/federal/codes/united-states-code/title-10/section-14104-nondisclosure-of-board-proceedings--7875808ee5.md
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Source location: Title 10, Chapter 1403, § 14104; chapter-1403-selection-boards.md
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**(a) Prohibition on Disclosure.—** The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim).
**(b) Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—** The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—
(1) are immune from legal process;
(2) may not be admitted as evidence; and
(3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.
**(c) Applicability.—** This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Disclosure.—** The proceedings of a selection board convened under section 573, 611, 628, or 20211 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim).
**(b) Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—** The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—
(1) are immune from legal process;
(2) may not be admitted as evidence; and
(3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.
**(c) Applicability.—** This section applies to all selection boards convened under section 573, 611, 628, or 20211 of this title, regardless of the date on which the board was convened.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 613a
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Navy 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14315&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/b/4&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(b) Selective Early Separation 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) f
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14101
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
Page 3720
TITLE 10—ARMED FORCES
§ 14103
nent grade higher than the grade of the officers
under consideration by the board, and no mem-
ber of a board may hold a grade below major or
lieutenant commander. The members of a selec-
tion board shall represent the diverse population
of the armed force concerned to the extent prac-
ticable.
(c) REPRESENTATION
OF
COMPETITIVE
CAT-
EGORIES.—(1) Except as provided in paragraph
(2), a selection board shall include at least one
officer from each competitive category of offi-
cers to be considered by the board.
(2) A selection board need not include an offi-
cer from a competitive category to be consid-
ered by the board if there is no officer of that
competitive category on the reserve active-sta-
tus 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 con-
cerned, in his discretion, may appoint as a mem-
ber of the board a retired officer of that com-
petitive 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 mem-
ber of two successive promotion boards con-
vened under section 14101(a) of this title for the
consideration of officers of the same competi-
tive category and grade if the second of the two
boards is to consider any officer who was consid-
ered and not recommended for promotion to the
next higher grade by the first of the two boards.
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2924; amended Pub. L.
10
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14104
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