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10 U.S.C. § 14502 — Special selection boards: correction of errors

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

10 U.S.C. § 14502 — Special selection boards: correction of errors

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Source file: Laws/federal/codes/united-states-code/title-10/section-14502-special-selection-boards-correction-of-errors--462cdbb642.md
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Source location: Title 10, Chapter 1407, § 14502; chapter-1407-failure-of-selection-for-promotion-and-involuntary-separation.md

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**(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) If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer in a grade below the grade of colonel or, in the case of an officer or former officer of the Navy, captain, whose name was referred to it for consideration, the officer or former officer shall be considered to have failed of selection for promotion. **(b) Officers Considered But Not Selected; Material Error.—** (1) In the case of an officer or former officer who was eligible for promotion and was considered for selection for promotion from in or above the promotion zone under this chapter 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) but was not selected, the Secretary of the military department concerned may, under regulations prescribed by the Secretary of Defense, convene a special selection board under this subsection to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that— (A) the action of the mandatory promotion board that considered the officer or former officer was contrary to law in a matter material to the decision of the board or involved material error of fact or material administrative error; or (B) the mandatory promotion board did not have before it for its consideration material information. (2) A special selection board convened under paragraph (1) 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) (including the representation of competitive categories required by that section), and the members of such a board shall 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). (3) The special selection board shall consider the record of the officer or former officer as that record, if corrected, would have appeared to the mandatory promotion board that 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. (4) If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer in the grade of lieutenant colonel or commander or below whose name was referred to it for consideration, the officer or former officer shall be considered to have failed of selection for promotion by the board which did consider the officer but incurs no additional failure of selection for promotion from the action of the special selection board. **(c) Report.—** Each special selection 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 officer it recommends for promotion and certifying that the board has considered carefully the record of each officer whose name was referred to it. **(d) Applicable Provisions.—** The provisions of sections 14104, 14109, 14110, and 14111 of this title apply to the report and proceedings of a special selection 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). **(e) Appointment of Officers Recommended for Promotion.—** (1) An officer whose name is placed on a promotion list as a result of recommendation for promotion by a special selection 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 recommendation 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 eligible 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1552&num=0&edition=prelim) to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the officer. **(f) Time Limits for Consideration.—** The Secretary of Defense may prescribe by regulation the circumstances under which consideration by a special selection board is contingent upon application for consideration by an officer or former officer and time limits within which an officer or former officer must make such application in order to be considered by a special selection board under this section. **(g) Limitation of Other Jurisdiction.—** No official or court of the United States shall have power or jurisdiction— (1) over any claim based in any way on the failure of an officer or former officer of the armed forces to be selected for promotion by a selection board convened under chapter 1403 of this title until— (A) the claim has been referred to a special selection board by the Secretary concerned and acted upon by that board; or (B) the claim has been rejected by the Secretary without consideration by a special selection board; or (2) to grant any relief on such a claim unless the officer or former officer has been selected for promotion by a special selection board convened under this section to consider the officer’s claim. **(h) Judicial Review.—** (1) A court of the United States may review a determination by the Secretary concerned under subsection (a)(1), (b)(1), or (e)(3) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the Secretary concerned, who shall provide for consideration of the officer or former officer by a special selection board under this section. (2) If a court finds that the action of a special selection board which considers an officer or former officer was contrary to law or involved material error of fact or material administrative error, it shall remand the case to the Secretary concerned, who shall provide the officer or former officer reconsideration by a new special selection board. **(i) Designation of Boards.—** The Secretary of the military department concerned may designate 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) as a special selection board convened under this section. A board so designated may function in both capacities.

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

10 U.S.C. § 628 — Special selection boards

**(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

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. § 1552 — Correction of military records: claims incident thereto

**(a)** (1) The Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. Except as provided in paragraph (2), such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that military department. The Secretary of Homeland Security may in the same manner correct any military record of the Coast Guard. (2) The Secretary concerned is not required to act through a board in the case of the correction of a military record announcing a decision that a person is not eligible to enlist (or reenlist) or is not accepted for enlistment (or reenlistment) or announcing the promotion and appointment of an enlisted member to an initial or higher grade or the decision not to promote an enlisted member to a higher grade. Such a correction may be made only if the correction is favorable to the person concerned. (3) (A) Corrections under this section shall be made under procedures established by the Secretary concerned. In the case of the Secretary of a military department, those procedures must be approved by the Secretary of Defense. (B) If a board makes a preliminary determination that a claim under this section lacks sufficient information or documents to support the claim, the board shall notify the claimant, in writing, indicating the specific information or documents necessary to make the claim complete and reviewable by the board. (C) If a claimant is unable to provide military personnel or medical records applicable to a claim under this section, the board shall make reasonable efforts to obtain the records. A claimant shall provide the board with documentary evidence of the efforts of the claimant

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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. § 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. § 14001 — Applicability of this part

This chapter and chapters 1403 through 1411 of this title apply, as appropriate, to all reserve officers of the Army, Navy, Air Force, and Marine Corps except warrant officers.

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

10 U.S.C. § 14108 — Recommendations by promotion boards

**(a) Recommendation of Best Qualified Officers.—** 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) shall recommend for promotion to the next higher grade those officers considered by the board whom the board considers best qualified for promotion within each competitive category considered by the board or, in the case of a vacancy promotion board, among those officers considered to fill a vacancy. In determining those officers who are best qualified for promotion, the board shall give due consideration to the needs of the armed force concerned for officers with particular skills (as noted in the guidelines or information furnished the board under [section 14107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim)). **(b) Actions Required.—** 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) may not recommend an officer for promotion unless— (1) the officer receives the recommendation of a majority of the members of the board; (2) a majority of the members of the board finds that the officer is fully qualified for promotion; and (3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under [section 14107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim), finds that the officer is among the officers best qualified for promotion to meet the needs of the armed force concerned consistent

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

10 U.S.C. § 14301 — Eligibility for consideration for promotion: general rules

**(a) One-Year Rule.—** An officer is eligible under this chapter for consideration for promotion by 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) only if— (1) the officer is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps; and (2) during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists). **(b) Requirement for Consideration of All Officers In and Above the Zone.—** Whenever a promotion board (other than a vacancy promotion board) is 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 consideration of officers in a competitive category who are eligible under this chapter for consideration for promotion to the next higher grade, each officer in the promotion zone, and each officer above the promotion zone, for that grade and competitive category shall be considered for promotion. **(c) Certain Officers Not To Be Considered.—** 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) may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granu

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14301

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

10 U.S.C. § 14312 — Delay of promotion: voluntary

**(a) Authority for Voluntary Delays.—** (1) The Secretary of the military department concerned may, by regulation, permit delays of a promotion of an officer who is recommended for promotion by a mandatory selection board convened under section 14101(a) or a special selection board convened under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) at the request of the officer concerned. Such delays, in the case of any promotion, may extend for any period not to exceed three years from the date on which the officer would otherwise be promoted. (2) Regulations under this section shall provide that— (A) a request for such a delay of promotion must be submitted by the officer concerned before the delay may be approved; and (B) denial of such a request shall not be considered to be a failure of selection for promotion unless the officer declines to accept a promotion under circumstances set forth in subsection (c). **(b) Effect of Approval of Request.—** If a request for delay of a promotion under subsection (a) is approved, the officer’s name shall remain on the promotion list during the authorized period of delay (unless removed under any other provision of law). Upon the end of the period of the authorized delay, or at any time during such period, the officer may accept the promotion, which shall be effective on the date of acceptance. Such an acceptance of a promotion shall be made in accordance with regulations prescribed under this section. **(c) Effect of Declining a Promotion.—** An officer’s name shall be removed from the promotion list and, if the officer is serving in a grade below colonel or, in the case of the Navy, captain, the officer shall be considered to have faile

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14312

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

10 U.S.C. § 14316 — Army National Guard and Air National Guard: appointment to and Federal recognition in a higher reserve grade after selection for promotion

**(a) Opportunity for Promotion To Fill a Vacancy in the Guard.—** If an officer of the Army National Guard of the United States or the Air National Guard of the United States is recommended by a mandatory selection board convened under section 14101(a) or a special selection board convened under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) for promotion to the next higher grade, an opportunity shall be given to the appropriate authority of the State to promote that officer to fill a vacancy in the Army National Guard or the Air National Guard of that jurisdiction. **(b) Automatic Federal Recognition.—** An officer of the Army National Guard of the United States or the Air National Guard of the United States who is on a promotion list for promotion to the next higher grade as a result of selection for promotion as described in subsection (a) and who before the date of promotion is appointed in that higher grade to fill a vacancy in the Army National Guard or Air National Guard shall— (1) be extended Federal recognition in that grade, without the examination prescribed in [section 307 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim); and (2) subject to [section 14311(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14311/e&num=0&edition=prelim), be promoted to that reserve grade effective on the date of the officer’s appointment in that grade in the Army National Guard or Air National Guard. **(c) National Guard Officers Failed of Selection.—** An officer who is considered as failed of selection for promotion under [section 14501 of this title](https://uscode.house.gov/v

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