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10 U.S.C. § 14109 — Reports of promotion boards: in general
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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Source file: Laws/federal/codes/united-states-code/title-10/section-14109-reports-of-promotion-boards-in-general--6f4479d40b.md
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Source location: Title 10, Chapter 1403, § 14109; chapter-1403-selection-boards.md
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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim).
**(d) Report of Officers Recommended for Higher Placement on Promotion List.—** 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, when authorized under [section 14108(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14108/f&num=0&edition=prelim), include in its report to the Secretary concerned—
(1) the names of those officers the promotion board recommends be placed higher on the promotion list; and
(2) the order in which the promotion board recommends those officers should be placed on the promotion list.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Substandard Performance of Duty.—** The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because that officer’s performance has fallen below standards prescribed by the Secretary concerned, to show cause for retention in an active status.
**(b) Misconduct, Etc.—** The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because of misconduct, because of moral or professional dereliction, or because the officer’s retention is not clearly consistent with the interests of national security, to show cause for retention in an active status.
**(c) Regulations.—** The authority of the Secretary of a military department under this section shall be carried out subject to such limitations as the Secretary of Defense may prescribe by regulation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14902
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14106&num=0&edition=prelim) (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 sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14107
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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
**(a) Recommendation of Best Qualified Officers.—** 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim)).
**(b) Actions Required.—** 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) may not recommend an officer for promotion unless—
(1) the officer receives the recommendation of a majority of the members of the board;
(2) a majority of the members of the board finds that the officer is fully qualified for promotion; and
(3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under [section 14107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim), finds that the officer is among the officers best qualified for promotion to meet the needs of the armed force concerned consistent
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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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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. § 14109
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