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10 U.S.C. § 612 — Composition of selection boards
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Members of selection boards shall be appointed by the Secretary of the military department concerned in accordance with this section. A selection board shall consist of five or more officers of the same armed force as the officers under consideration by the board. Each member of a selection board (except as provided in paragraphs (2), (3), and (4)) shall be an officer on the active-duty list. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in 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.
(2)
(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.
(B) A selection board need not include an officer from a competitive category to be considered by the board when there are no officers of that competitive category on the active-duty list in a grade higher than the grade of the officers to be considered by the board and 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 an officer of that competitive category who is not on the active-duty list from among officers of the same armed force as the officers under consideration by the board who hold a higher grade than the grade of the officers under consideration and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.
(3) When reserve officers of an armed
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Source location: Title 10, Chapter 36, § 612; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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**(a)**
(1) Members of selection boards shall be appointed by the Secretary of the military department concerned in accordance with this section. A selection board shall consist of five or more officers of the same armed force as the officers under consideration by the board. Each member of a selection board (except as provided in paragraphs (2), (3), and (4)) shall be an officer on the active-duty list. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in 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.
(2)
(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.
(B) A selection board need not include an officer from a competitive category to be considered by the board when there are no officers of that competitive category on the active-duty list in a grade higher than the grade of the officers to be considered by the board and 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 an officer of that competitive category who is not on the active-duty list from among officers of the same armed force as the officers under consideration by the board who hold a higher grade than the grade of the officers under consideration and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.
(3) When reserve officers of an armed force are to be considered by a selection board, the membership of the board shall include at least one reserve officer of that armed force on active duty (whether or not on the active-duty list). The actual number of reserve officers shall be determined by the Secretary of the military department concerned, in the Secretary’s discretion. Notwithstanding the first sentence of this paragraph, in the case of a board which is considering officers in the grade of colonel or brigadier general or, in the case of officers of the Navy, captain or rear admiral (lower half), no reserve officer need be included if there are no reserve officers of that armed force on active duty in the next higher grade who are eligible to serve on the board.
(4) Except as provided in paragraphs (2) and (3), if qualified officers on the active-duty list are not available in sufficient number to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board officers who are members of the same armed force and hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.
(5) A retired general or flag officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
**(b)** No officer may be a member of two successive selection boards 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 consideration of officers of the same competitive category and grade.
**(c)**
(1) Each 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) that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer.
(2) Paragraph (1) applies with respect to an officer who—
(A) is serving on, or has served on, the Joint Staff; or
(B) is a joint qualified officer.
(3) The Secretary of Defense may waive the requirement in paragraph (1) in the case of—
(A) any selection board of the Marine Corps or the Space Force; or
(B) any selection board that is considering officers in specialties identified in paragraph (2) or (3) of [section 619a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section619a/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary of Defense shall prescribe regulations governing information furnished to selection boards convened under section 611(a) or 20211 of this title. 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 selection 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 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&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 subparagraphs (A), (B), and (C) that, in accordance with the regulations prescribed pursuant to paragraph (1), is prepared by administrative personnel for t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 615
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Persons Not Considered by Promotion Boards Due to Administrative Error.—**
(1) If the Secretary of the military department concerned determines that because of administrative error a person who should have been considered for selection for promotion from in or above the promotion zone by a promotion board was not so considered, the Secretary shall convene a special selection board under this subsection to determine whether that person (whether or not then on active duty) should be recommended for promotion.
(2) A special selection board convened under paragraph (1) shall consider the record of the person whose name was referred to it for consideration as that record would have appeared to the board that should have considered him. That record shall be compared with a sampling of the records of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that should have considered him.
(3) If a special selection board convened under paragraph (1) does not recommend for promotion a person whose name was referred to it for consideration for selection for appointment to a grade other than a general officer or flag officer grade, the person shall be considered to have failed of selection for promotion.
**(b) Persons Considered by Promotion Boards in Unfair Manner.—**
(1) If the Secretary of the military department concerned determines, in the case of a person who was considered for selection for promotion by a promotion board but was not selected, that there was material unfairness with respect to that person, the Secretary may convene a special selection board under this subsection to determine whether that person (whether or not then on active duty) should be recommen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 628
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Federal law — U.S. Code and appendices · legal_authorities
Page 590
TITLE 10—ARMED FORCES
§ 612
‘‘OFFICERS ON ACTIVE DUTY IN GRADE ABOVE GENERAL
‘‘SEC. 632. Section 1251 of title 10, United States Code,
as added by this Act, relating to mandatory retirement
for age, shall not apply to any officer who on the effec-
tive date of this Act [Sept. 15, 1981] was on active duty
in a grade above general.
‘‘DEFINITIONS
‘‘SEC. 633. For the purposes of this title:
‘‘(1) The term ‘officer’ does not include warrant of-
ficers.
‘‘(2) The term ‘active-duty list’ means the active-
duty list established by the Secretary of the military
department concerned pursuant to section 620 of title
10, United States Code, as added by this Act.
‘‘SAVINGS PROVISION FOR RETIRED GRADE OF CERTAIN
RESERVE OFFICERS
‘‘SEC. 634. Unless entitled to a higher grade under any
other provision of law, a member of the Army or Air
Force who is a reserve officer and who—
‘‘(1) is on active duty on September 14, 1981; and
‘‘(2) after such date retires under section 3911 or
8911 [now 7311 or 9311] of title 10, United States Code,
is entitled to retire in the reserve grade which he held
or to which he had been selected for promotion on Sep-
tember 14, 1981.
‘‘SAVINGS PROVISION FOR ORIGINAL APPOINTMENT IN
CERTAIN GRADES UNDER EXISTING REGULATIONS
‘‘SEC. 635. Any person who before September 15, 1981—
‘‘(1)
was
selected
for
participation
in
a
postbaccalaureate educational program leading to an
appointment as a commissioned officer or had com-
pleted a postbaccalaureate program and was selected
for appointment as a commissioned officer of the
Army, Navy, Air Force, or Marine Corps;
‘‘(2) under regulations of the Secretary of the mili-
tary department concerned in effect on December 12,
1980, would have been appointed and ordered to active
duty
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 612
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