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10 U.S.C. § 14102 — Selection boards: appointment and composition
Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment.—** Members of selection boards convened under [section 14101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101&num=0&edition=prelim) 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. Selection boards convened under [section 14101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/b&num=0&edition=prelim) 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. The members of a selection board shall represent the diverse population of the armed force concerned to the extent practicable.
**(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 offi
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Source file: Laws/federal/codes/united-states-code/title-10/section-14102-selection-boards-appointment-and-composition--42c2e803af.md
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Source location: Title 10, Chapter 1403, § 14102; chapter-1403-selection-boards.md
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**(a) Appointment.—** Members of selection boards convened under [section 14101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101&num=0&edition=prelim) 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. Selection boards convened under [section 14101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/b&num=0&edition=prelim) 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. The members of a selection board shall represent the diverse population of the armed force concerned to the extent practicable.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) 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.
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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
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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) Officers Not Considered Because of Administrative Error.—**
(1) In the case of an officer or former officer who the Secretary of the military department concerned determines was not considered for selection for promotion from in or above the promotion zone by a mandatory 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) because of administrative error, the Secretary concerned shall convene a special selection board under this subsection to determine whether such officer or former officer should be recommended for promotion. Any such board shall be convened under regulations prescribed by the Secretary of Defense and shall be appointed and composed in accordance with [section 14102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14102&num=0&edition=prelim) and shall include the representation of competitive categories required by that section. The members of a board convened under this subsection shall be required to take an oath in the same manner as prescribed in [section 14103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14103&num=0&edition=prelim).
(2) A special selection board convened under this subsection shall consider the record of the officer or former officer as that record would have appeared to the promotion board that should have considered the officer or former officer. That record shall be compared with a sampling of the records of those officers of the same grade and competitive category who were recommended for promotion and those officers of the same grade and competitive category who were not recommended for promotion by that board.
(3)
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Federal law — U.S. Code and appendices · legal_authorities
Page 3719
TITLE 10—ARMED FORCES
§ 14102
§ 14006. Determination of years in grade
For the purpose of chapters 1403 through 1411
of this title, an officer’s years of service in a
grade are computed from the officer’s date of
rank in grade as determined under section 741(d)
of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2923.)
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.
CHAPTER 1403—SELECTION BOARDS
Sec.
14101.
Convening of selection boards.
14102.
Selection boards: appointment and composi-
tion.
14103.
Oath of members.
14104.
Nondisclosure of board proceedings.
14105.
Notice of convening of promotion board.
14106.
Communication with board by officers under
consideration.
14107.
Information furnished by the Secretary con-
cerned to promotion boards.
14108.
Recommendations by promotion boards.
14109.
Reports of promotion boards: in general.
14110.
Reports of promotion boards: review by Sec-
retary.
14111.
Reports of selection boards: transmittal to
President.
14112.
Dissemination of names of officers selected.
Editorial Notes
AMENDMENTS
2006—Pub. L. 109–364, div. A, title V, § 547(d)(2), Oct.
17, 2006, 120 Stat. 2216, substituted ‘‘Nondisclosure’’ for
‘‘Confidentiality’’ in item 14104.
1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(23),
Feb. 10, 1996, 110 Stat. 497, substituted ‘‘promotion’’ for
‘‘selection’’ in item 14105.
§ 14101. Convening of selection boards
(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 pro-
motio
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