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10 U.S.C. § 618 — Action on reports of selection boards
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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Source file: Laws/federal/codes/united-states-code/title-10/section-618-action-on-reports-of-selection-boards--b7ee44b41f.md
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Source location: Title 10, Chapter 36, § 618; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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**(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 with [section 617 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section617&num=0&edition=prelim).
**(b)**
(1) After completing the requirements of subsection (a), the Secretary concerned, in the case of the report of a selection board that considered officers who are serving on, or have served on, the Joint Staff or are joint qualified officers, shall submit the report to the Chairman of the Joint Chiefs of Staff.
(2) The Chairman, in accordance with guidelines furnished to the Chairman by the Secretary of Defense, shall review the report for the purpose of determining if—
(A) the selection board acted consistent with the guidelines of the Secretary of Defense under [section 615(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/c&num=0&edition=prelim) to ensure that selection boards give appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers; and
(B) the selection board otherwise gave appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers.
(3) After reviewing the report, the Chairman shall return the report, with his determinations and comments, to the Secretary concerned.
(4) If the Chairman determines that the board acted contrary to the guidelines of the Secretary of Defense under [section 615(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/c&num=0&edition=prelim) or otherwise failed to give appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers, the Secretary concerned may—
(A) return the report, together with the Chairman’s determinations and comments, to 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) for further proceedings in accordance with subsection (a);
(B) convene a special selection board in the manner provided for under [section 628 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section628&num=0&edition=prelim); or
(C) take other appropriate action to satisfy the concerns of the Chairman.
(5) If, after completion of all actions taken under paragraph (4), the Secretary concerned and the Chairman remain in disagreement with respect to the report of a selection board, the Secretary concerned shall indicate such disagreement, and the reasons for such disagreement, as part of his transmittal of the report of the selection board to the Secretary of Defense under subsection (c). Such transmittal shall include any comments submitted by the Chairman.
**(c)**
(1) After his final review of the report of a selection board, the Secretary concerned shall submit the report, with his recommendations thereon, to the Secretary of Defense for transmittal to the President for his approval or disapproval. The Secretary of Defense shall, before transmitting the report of a selection board to the President, take appropriate action to resolve any disagreement between the Secretary concerned and the Chairman transmitted to him under subsection (b)(5). If the authority of the President under this paragraph to approve or disapprove the report of a selection board is delegated to the Secretary of Defense, it may not be redelegated except to an official in the Office of the Secretary of Defense.
(2) If the report of a selection board names an officer as having a record which indicates that the officer should be required to show cause for his retention on active duty, the Secretary concerned may provide for the review of the record of that officer as provided for under regulations prescribed under [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim).
**(d)**
(1) Except as provided in paragraph (2), the name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President.
(2) In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense.
(3) The Secretary of Defense shall notify the congressional defense committees of the removal of the name of an officer from the report of a selection board by the President or the Secretary or Deputy Secretary of Defense under paragraph (1) or paragraph (2), respectively, for any reason other than misconduct—
(A) not later than 30 days after the name of an officer is removed; and
(B) prior to submission to the Senate of a promotion list with respect to such report pursuant to [section 624(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/c&num=0&edition=prelim).
**(e)**
(1) The names of the officers recommended for promotion in the report of a selection board shall be disseminated to the armed force concerned as follows:
(A) In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), such names may be disseminated upon, or at any time after, the transmittal of the report to the President.
(B) In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, such names may be disseminated upon, or at any time after, the approval of the report by the President.
(C) In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated upon confirmation by the Senate.
(2) A list of names of officers disseminated under paragraph (1) may not include—
(A) any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of subparagraph (B) of such paragraph; or
(B) the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of subparagraph (C) of such paragraph.
**(f)** Repealed. Pub. L. 109–364, div. A, title V, § 547(a)(2), Oct. 17, 2006, 120 Stat. 2216.]
**(g)** If the Secretary of a military department or the Secretary of Defense makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transmittal to President.—** The Secretary concerned, after final review of the report of a selection board under [section 14110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14110&num=0&edition=prelim), shall submit the report with the Secretary’s recommendations, to the Secretary of Defense for transmittal by the Secretary to the President for approval or disapproval. If the authority of the President to approve or disapprove the report of a promotion board is delegated to the Secretary of Defense, that authority may not be redelegated except to an official in the Office of the Secretary of Defense.
**(b) Removal of Name From Board Report.—**
(1) Except as provided in paragraph (2), the name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President.
(2) In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense.
(3) The Secretary of Defense shall notify the congressional defense committees of the removal of the name of an officer from the report of a selection board by the President or the Secretary or Deputy Secretary of Defense under paragraph (1) or paragraph (2), respectively, for any reason other than misconduct—
(A) not later than 30 days after the name of an officer is removed; and
(B) prior to submission to the Senate of a promotion list with respect to such report pursuant to [section 12203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=p
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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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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty.
**(b)** Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active duty.
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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) shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing a list of the names of the officers it recommends for promotion and certifying (1) that the board has carefully considered the record of each officer whose name was furnished to it under [section 615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615&num=0&edition=prelim), and (2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the armed force concerned (as noted in the guidelines or information 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)) among those officers whose names were furnished to the selection board.
**(b)** A 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) shall include in its report to the Secretary concerned the name of any regular or reserve officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required under chapter 60 or 1411 of this title to show cause for his retention on active duty.
**(c)** A 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
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 598
TITLE 10—ARMED FORCES
§ 618
majority of the members of the board, indicates
that the officer should be required under chapter
60 or 1411 of this title to show cause for his re-
tention on active duty.
(c) A selection board convened under section
611(a) of this title shall include in its report to
the Secretary concerned the name of any officer
considered and not recommended for promotion
by the board who submitted to the board a re-
quest not to be selected for promotion or who
otherwise
directly
caused
his
nonselection
through written communication to the Board
under section 614(b) of this title.
(d) A selection board convened under section
611(a) of this title shall, when authorized under
section 616(h) of this title, include in its report
to the Secretary concerned the names of those
officers recommended by the board to be placed
higher on the promotion list and the order in
which the board recommends that those officers
should be placed on the list.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980,
94 Stat. 2853; amended Pub. L. 100–456, div. A,
title V, § 501(c), Sept. 29, 1988, 102 Stat. 1966; Pub.
L. 102–484, div. A, title X, § 1052(8), Oct. 23, 1992,
106 Stat. 2499; Pub. L. 103–337, div. A, title XVI,
§ 1623, Oct. 5, 1994, 108 Stat. 2961; Pub. L. 105–261,
div. A, title V, § 502(b), Oct. 17, 1998, 112 Stat.
2003; Pub. L. 106–65, div. A, title V, § 503(a), Oct.
5, 1999, 113 Stat. 590; Pub. L. 115–232, div. A, title
V, § 504(b), Aug. 13, 2018, 132 Stat. 1742; Pub. L.
116–283, div. A, title X, § 1081(a)(18), Jan. 1, 2021,
134 Stat. 3871.)
Editorial Notes
AMENDMENTS
2021—Subsec. (d). Pub. L. 116–283 substituted ‘‘section
616(h)’’ for ‘‘section 616(g)’’.
2018—Subsec. (d). Pub. L. 115–232 added subsec. (d).
1999—Subse
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 618
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