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10 U.S.C. § 14110 — Reports of promotion boards: review by Secretary
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of Report.—** Upon receipt of the report of a promotion board submitted under [section 14109(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14109/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14111&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) for the same grade and competitive category) shall conduct such proceedings as may be nece
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Stable record: federal_law:legal_authorities:record_usc_103f73b05668a5ac2a3a239a
Source file: Laws/federal/codes/united-states-code/title-10/section-14110-reports-of-promotion-boards-review-by-secretary--da1f912931.md
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Source location: Title 10, Chapter 1403, § 14110; chapter-1403-selection-boards.md
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**(a) Review of Report.—** Upon receipt of the report of a promotion board submitted under [section 14109(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14109/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14111&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14109&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report of Officers Recommended for Promotion.—** Each promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) 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 c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transmittal to President.—** The Secretary concerned, after final review of the report of a selection board under [section 14110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14110&num=0&edition=prelim), 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.—**
(1) Except as provided in paragraph (2), 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.
(2) In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense.
(3) The Secretary of Defense shall notify the congressional defense committees of the removal of the name of an officer from the report of a selection board by the President or the Secretary or Deputy Secretary of Defense under paragraph (1) or paragraph (2), respectively, for any reason other than misconduct—
(A) not later than 30 days after the name of an officer is removed; and
(B) prior to submission to the Senate of a promotion list with respect to such report pursuant to [section 12203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=p
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 3724
TITLE 10—ARMED FORCES
§ 14109
(3) For officers who receive recommendations
under paragraph (1), the board shall recommend
the order in which those officers should be
placed on the promotion list.
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2928; amended Pub. L.
109–364, div. A, title V, § 512(b), Oct. 17, 2006, 120
Stat. 2184; Pub. L. 115–232, div. A, title VIII,
§ 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L.
116–92, div. A, title V, § 510(a), Dec. 20, 2019, 133
Stat. 1347.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3362(e), 5893(c), 5896, and 8362(e) of
this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1),
(b)(2), (c)(1).
AMENDMENTS
2019—Subsec. (f). Pub. L. 116–92 added subsec. (f).
2018—Subsec. (b)(3). Pub. L. 115–232 substituted ‘‘sec-
tion 7233, 8167, or 9233’’ for ‘‘section 3583, 5947, or 8583’’.
2006—Subsec. (b). Pub. L. 109–364, § 512(b)(1), sub-
stituted ‘‘Actions’’ for ‘‘Majority’’ in heading.
Subsec. (b)(3). Pub. L. 109–364, § 512(b)(2)–(4), added
par. (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–364 effective Oct. 17, 2006,
and applicable with respect to selection boards con-
vened on or after that date, see section 512(c) of Pub. L.
109–364, set out as a note under section 616 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1996, see section 1691(b)(1) of
Pub. L. 103–337, set ou
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14110
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