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10 U.S.C. § 14111 — Reports of selection boards: transmittal to President

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14111 — Reports of selection boards: transmittal to President

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Stable record: federal_law:legal_authorities:record_usc_1ffe0b15acd14ded348fec73
Source file: Laws/federal/codes/united-states-code/title-10/section-14111-reports-of-selection-boards-transmittal-to-president--822aebae68.md
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Source location: Title 10, Chapter 1403, § 14111; chapter-1403-selection-boards.md

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**(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=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12203 — Commissioned officers: appointment, how made; term

**(a)** Appointments of reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title. **(b)** Subject to the authority, direction, and control of the President, the Secretary of Defense may appoint as a reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under [section 647 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section647&num=0&edition=prelim), notwithstanding the requirements of subsection (a). **(c)** Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12203

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14110 — Reports of promotion boards: review by Secretary

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14110

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 618 — Action on reports of selection boards

**(a)** (1) Upon receipt of the report of a selection board submitted to him under [section 617(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section617/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 615(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/b&num=0&edition=prelim). Following such review, unless the Secretary concerned makes a determination as described in paragraph (2), the Secretary shall submit the report as required by subsection (b) or (c), as appropriate. (2) If, on the basis of a review of the report under paragraph (1), 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 615(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/b&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 paragraph, the selection board (or a subsequent selection board convened under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/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

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

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

10 U.S.C. § 14111 — Reports of selection boards: transmittal

Page 3725 TITLE 10—ARMED FORCES § 14112 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 guide- lines and shall resubmit the report, as revised, to the Secretary in accordance with section 14109 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2929.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5898(a) of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. § 14111. Reports of selection boards: transmittal to President (a) TRANSMITTAL TO PRESIDENT.—The Sec- retary concerned, after final review of the report of a selection board under section 14110 of this title, shall submit the report with the Sec- retary’s recommendations, to the Secretary of Defense for transmittal by the Secretary to the President for approval or disapproval. If the au- thority of the President to approve or dis- approve the report of a promotion board is dele- gated to the Secretary of Defense, that author- ity 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

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14111

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