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14 U.S.C. § 2120a — Special selection review boards

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

14 U.S.C. § 2120a — Special selection review boards

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Source file: Laws/federal/codes/united-states-code/title-14/section-2120a-special-selection-review-boards--35e669a64b.md
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Source location: Title 14, Chapter 21, § 2120a; chapter-021-personnel-officers.md

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**(a) In General.—** (1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 2115(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2115/a/3&num=0&edition=prelim) that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. (2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person— (A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and (B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim). **(b) Convening.—** (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of [section 2120(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2120/c&num=0&edition=prelim). (2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary shall specify in convening such special selection review board. **(c) Information Considered.—** (1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following: (A) The record and information concerning the person furnished in accordance with [section 2115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2115&num=0&edition=prelim) to the promotion board that recommended the person for promotion. (B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in [section 2115(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2115/a/3&num=0&edition=prelim). (2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in [section 2115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2115&num=0&edition=prelim). (3) (A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary shall ensure that— (i) such information is made available to the person; and (ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section. (B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s authorization for access to classified information. (C) (i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if— (I) such information was made available to the person in connection with the furnishing of such information under [section 2115(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2115/a&num=0&edition=prelim) to the promotion board that recommended the promotion of the person subject to review under this section; and (II) the person submitted comments on such information to that promotion board. (ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board. (D) A person may waive either or both of the following: (i) The right to submit comments to a special selection review board under subparagraph (A)(ii). (ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii). **(d) Consideration.—** (1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board. (2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened. (3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion. (4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person— (A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and (B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board. (5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. (6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion. **(e) Reports.—** (1) Each special selection review board convened under this section shall submit to the Secretary a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. (2) The provisions of sections 2117(a) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim). **(f) Appointment of Persons.—** (1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121&num=0&edition=prelim). (2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. **(g) Regulations.—** The Secretary shall prescribe regulations to carry out this section. **(h) Promotion Board Defined.—** In this section, the term “promotion board” means a selection board convened by the Secretary under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim).

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

14 U.S.C. § 2121 — Promotions; appointments

**(a)** When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list. **(b)** Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under [section 2103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2103&num=0&edition=prelim) after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade. **(c)** An officer serving on active duty in the grade of ensign may, if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed twelve months’ active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary. **(d)** When a vacancy in the grade of rear admiral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the a

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2121

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

14 U.S.C. § 2115 — Selection boards; information to be furnished boards

**(a) In General.—** The Secretary shall furnish the appropriate selection board convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim) with— (1) the number of officers that the board may recommend for promotion to the next higher grade; (2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion; and (3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; [10 U.S.C. 1561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1561&num=0&edition=prelim) note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary. **(b) Provision of Direction and Guidance.—** (1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board— (A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and (B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions. (2) Selections made based on the direction and guidance provided under this subs

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2115

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

14 U.S.C. § 2106 — Selection boards; convening of boards

At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months.

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

14 U.S.C. § 2120a — Special selection review boards

Page 133 TITLE 14—COAST GUARD § 2120a rank, the same effective date for the pay and allowances of that grade, and the same posi- tion on the active duty promotion list as the officer or former officer would have had if the officer or former officer had been rec- ommended for promotion to that grade by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board. (3) RECORD CORRECTION.—If the report of a special selection board convened under this section, as approved by the President, rec- ommends for promotion to the next higher grade an officer not eligible for promotion or a former officer whose name was referred to the board for consideration, the Secretary may act under section 1552 of title 10 to cor- rect the military record of the officer or former officer to correct an error or remove an injustice resulting from the officer or former officer not being selected for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board. (e) APPLICATION PROCESS AND TIME LIMITS.— The Secretary shall issue regulations regarding the process by which an officer or former officer may apply to have a matter considered by a spe- cial selection board convened under this section, including time limits related to such applica- tions. (f) LIMITATION OF OTHER JURISDICTION.—No of- ficial or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selec- tion board convened under section 2106, until— (1) the claim has been referred to a special

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