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10 U.S.C. § 14101 — Convening of selection boards

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

10 U.S.C. § 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 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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Source location: Title 10, Chapter 1403, § 14101; chapter-1403-selection-boards.md

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

10 U.S.C. § 14315 — Position vacancy promotions: Army and Air Force officers

**(a) Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General.—** A reserve officer of the Army who is in the Army Reserve, or a reserve officer of the Air Force who is in the Air Force Reserve, who is on the reserve active-status list in the grade of first lieutenant, captain, major, or lieutenant colonel is eligible for consideration for promotion to the next higher grade under this section if each of the following applies: (1) The officer is occupying or, under regulations prescribed by the Secretary concerned, has been recommended to occupy a position in the same competitive category as the officer and for which a grade higher than the one held by that officer is authorized. (2) The officer is fully qualified to meet all requirements for the position as established by the Secretary of the military department concerned. (3) The officer has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim) for eligibility for consideration for promotion to the higher grade. **(b) Consideration for Vacancy Promotion to Brigadier General or Major General.—** (1) A reserve officer of the Army who is in the Army Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade in the Army Reserve or is recommended for such an assignment under regulations prescribed by the Secretary of the Army, (B) has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of

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

10 U.S.C. § 14705 — Selective early retirement: reserve general and flag officers of the Navy and Marine Corps

**(a) Authority To Consider.—** An officer in the Navy Reserve in an active status serving in the grade of rear admiral (lower half) or rear admiral and an officer in the Marine Corps Reserve in an active status serving in the grade of brigadier general or major general may be considered for early retirement whenever the Secretary of the Navy determines that such action is necessary. **(b) Boards.—** (1) If the Secretary of the Navy determines that consideration of officers for early retirement under this section is necessary, the Secretary shall convene a selection board under [section 14101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/b&num=0&edition=prelim) to recommend an appropriate number of officers for early retirement. (2) In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to [section 14102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14102/b&num=0&edition=prelim). In doing so, however, the Secretary shall ensure that— (A) each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and (B) at least one member of the board is a reserve officer who holds the grade of rear admiral or major general. **(c) Separation Under Section 14514.—** An officer selected for early retirement under this section shall be separated in accordance with [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).

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

10 U.S.C. § 14701 — Selection of officers for continuation on the reserve active-status list

**(a) Consideration for Continuation.—** (1) (A) A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under [section 14504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14504&num=0&edition=prelim), or a reserve officer of the Army, Navy, Air Force, or Marine Corps who is required to be removed from the reserve active-status list under section 14505, 14506, or 14507 of this title, may be considered for continuation on the reserve active-status list under regulations prescribed by the Secretary of Defense. (B) A reserve officer covered by this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), and who— (i) is a health professions officer; or (ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree. (C) The consideration of a reserve officer for continuation on the reserve active-status list pursuant to this paragraph is subject to the needs of the service and to [section 14509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14509&num=0&edition=prelim). (2) A reserve officer who holds the grade of captain in the Army, Air Force, or Marine Corps or the grade of lieutenant in the Navy and who is subject to separation under [section 14513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14513&num=0&edition=prelim) may not be continued on the reserve active-status list under this subsection for a period which extends beyond the last day of

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

10 U.S.C. § 14704 — Selective early removal from the reserve active-status list

**(a) Boards To Recommend Officers for Removal From Reserve Active-Status List.—** (1) Whenever the Secretary of the military department concerned determines that there are in any reserve component under the jurisdiction of the Secretary too many officers in any grade and competitive category who have at least 30 years of service computed under [section 14706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14706&num=0&edition=prelim) or at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), the Secretary may convene a selection board under [section 14101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/b&num=0&edition=prelim) to consider officers on the reserve active-status list who are in that grade and competitive category, and who have that amount of service, for the purpose of recommending officers by name for removal from that list. (2) Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between— (A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and (B) that of the most senior officer in that grade and competitive category whose name is submitted to the board. (3) A list submitted to a board under paragraph (1) may not include an officer who— (A) has been approved for voluntary retirement; or (B) is to be invo

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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. § 14102 — Selection boards: appointment and composition

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

10 U.S.C. § 14103 — Oath of members

Each member of a selection board convened under [section 14101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101&num=0&edition=prelim) shall take an oath to perform the duties of a member of the board without prejudice or partiality, having in view both the special fitness of officers and the efficiency of the member’s armed force.

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

10 U.S.C. § 14104 — Nondisclosure of board proceedings

**(a) Prohibition on Disclosure.—** The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim). **(b) Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—** The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations— (1) are immune from legal process; (2) may not be admitted as evidence; and (3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned. **(c) Applicability.—** This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.

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

10 U.S.C. § 20251 — Failure of selection for promotion

**(a) In General.—** Except as provided in this section, sections 14501, 14503, 14504, 631, and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability— (1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and (2) any reference in those sections to a board convened under section 14201 11 See References in Text note below. or [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611&num=0&edition=prelim) shall apply to a board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim). **(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in [section 14501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list. **(c) Retirement Authorities.—** In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title. **(d) Effect of Failure of Selection.—** In the administration of this chapter pursuant to subsection (a)— (1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14501(b) of this title until the officer has faile

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

10 U.S.C. § 14101 — Convening of selection boards

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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