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10 U.S.C. § 14502a — Special selection review boards

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

10 U.S.C. § 14502a — Special selection review boards

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Source file: Laws/federal/codes/united-states-code/title-10/section-14502a-special-selection-review-boards--6b178bffe0.md
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Source location: Title 10, Chapter 1407, § 14502a; chapter-1407-failure-of-selection-for-promotion-and-involuntary-separation.md

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**(a) In General.—** (1) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 14107(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a/3/A&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 for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable. **(b) Convening.—** (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of [section 14502(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/b/2&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 of the military department concerned 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 14107(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a/2&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 14107(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a/3/A&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 paragraph (3)(B) of [section 14107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a&num=0&edition=prelim) applicable to the furnishing of information described in paragraph (3)(A) of such section to promotion boards in accordance with that section. (3) (A) Before information on person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary of the military department concerned 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 an officer 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 14107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/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 of the same competitive category 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 in the upper half of an order of merit created by the special selection review board or 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 of the military department concerned 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 14109(c), 14110, and 14111 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 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&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 14308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308&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 reserve active-status list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. **(g) Regulations.—** (1) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly across the military departments. (2) Any regulation prescribed by the Secretary of a military department to supplement the regulations prescribed pursuant to paragraph (1) may not take effect without the approval of the Secretary of Defense, in writing. **(h) Promotion Board Defined.—** In this section, the term “promotion board” means a selection board convened by the Secretary of a military department under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim).

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

10 U.S.C. § 14308 — Promotions: how made

**(a) Promotion List.—** When the report of a selection board convened under section 14101(a) or 14502 of this title is approved by the President, the Secretary of the military department concerned shall place the names of all officers selected for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of seniority of those officers on the reserve active-status list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. **(b) Promotion; How Made; Order.—** (1) Officers on a promotion list for a competitive category shall be promoted in the manner specified in [section 12203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim). (2) Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary of the military department concerned. Except as provided in section 14311, 14312, or 14502(e) of this title or in subsection (d) or (e), promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. (3) Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary of the military department concerned. (4) (A) Officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14308

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

10 U.S.C. § 14107 — Information furnished by the Secretary concerned to promotion boards

**(a) Integrity of the Promotion Selection Board Process.—** (1) The Secretary of Defense shall prescribe regulations governing information furnished to selection 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). 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 promotion 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 14106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14106&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 sub

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14107

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

10 U.S.C. § 14311 — Delay of promotion: involuntary

**(a) Delay During Investigations and Proceedings.—** (1) Under regulations prescribed by the Secretary of Defense, the appointment of an officer to a higher grade may be delayed if any of the following applies before the date on which the appointment would otherwise be made: (A) Sworn charges against the officer have been received by an officer exercising general court-martial jurisdiction over the officer and the charges have not been disposed of. (B) An investigation is being conducted to determine whether disciplinary action of any kind should be brought against the officer. (C) A board of officers has been convened under [section 14903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14903&num=0&edition=prelim) to review the record of the officer. (D) A criminal proceeding in a Federal or State court of competent jurisdiction is pending against the officer. (E) Substantiated adverse information about the officer that is material to the decision to appoint the officer is under review by the Secretary of Defense or the Secretary concerned. (F) The Secretary of the military department concerned determines that credible information of adverse nature, including a substantiated adverse finding or conclusion described in [section 14107(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a/3/A&num=0&edition=prelim), with respect to the officer will result in the convening of a special selection review board under [section 14502a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502a&num=0&edition=prelim) to review the officer and recommend whether the recommendation for promotion of the officer should be sustained. (

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14311

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

10 U.S.C. § 14502a — Special selection review boards

Page 3744 TITLE 10—ARMED FORCES § 14502a tion board convened under this section, shall, as soon as practicable, be appointed to the next higher grade in accordance with the law and policies which would have been applicable had he been recommended for promotion by the board which should have considered or which did consider him. (2) An officer who is promoted to the next higher grade as the result of the recommenda- tion of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if the officer had been recommended for promotion to that grade by the selection board which should have considered, or which did consider, the officer. (3) If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not currently eligi- ble for promotion or a former officer whose name was referred to it for consideration, the Secretary concerned may act under section 1552 of this title to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from not being se- lected for promotion by the board which should have considered, or which did consider, the offi- cer. (f) TIME LIMITS FOR CONSIDERATION.—The Sec- retary of Defense may prescribe by regulation the circumstances under which consideration by a special selection board is contingent upon ap- plication for consideration by an officer or former officer and time limits within which an officer or former officer must make such appli- cation in order to be

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14502a

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