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

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

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

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Stable record: federal_law:legal_authorities:record_usc_83e8f0e80184a9322a870696
Source file: Laws/federal/codes/united-states-code/title-10/section-14108-recommendations-by-promotion-boards--ad7856c7a8.md
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Source location: Title 10, Chapter 1403, § 14108; chapter-1403-selection-boards.md

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**(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 with the requirement of exemplary conduct set forth in section 7233, 8167, or 9233 of this title, as applicable. **(c) Board Recommendation Required for Promotion.—** Except as otherwise provided by law, an officer on the reserve active-status list may not be promoted to a higher grade under chapter 1405 of this title unless the officer is considered and recommended for promotion to that grade 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) (or by 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)). **(d) Disclosure of Board Recommendations.—** The recommendations of a promotion board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a person not a member of the board (or a member of the administrative staff designated by the Secretary concerned to assist the board) until the written report of the recommendations of the board, required by [section 14109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14109&num=0&edition=prelim), is signed by each member of the board. **(e) Prohibition of Coercion and Unauthorized Influence of Actions of Board Members.—** The Secretary convening a promotion board under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim), and an officer or other official exercising authority over any member of a selection board, may not— (1) censure, reprimand, or admonish the selection board or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within the authorized discretion of the board; or (2) attempt to coerce or, by any unauthorized means, influence any action of a promotion board or any member of a promotion board in the formulation of the board’s recommendations. **(f) Higher Placement of Officers of Particular Merit on Promotion List.—** (1) In selecting officers to be recommended for promotion, a promotion board may, when authorized by the Secretary concerned, recommend that officers of particular merit, from among those officers selected for promotion, be placed higher on the promotion list established by the Secretary under [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/a&num=0&edition=prelim). (2) A promotion board may make a recommendation under paragraph (1) only if an officer receives the recommendation of— (A) a majority of the members of the promotion board; or (B) an alternative requirement established by the Secretary concerned and furnished to the promotion board as part of the guidelines under [section 14107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim). (3) For officers who receive recommendations under paragraph (1), the board shall recommend the order in which those officers should be placed on the promotion list.

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

10 U.S.C. § 14109 — Reports of promotion boards: in general

**(a) Report of Officers Recommended for Promotion.—** Each 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 submit to the Secretary of the military department concerned a report in writing containing a list of the names of the officers recommended by the board for promotion. The report shall be signed by each member of the board. **(b) Certification.—** Each report under subsection (a) shall include a certification— (1) that the board has carefully considered the record of each officer whose name was furnished to the board; and (2) that, in the case 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), 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 14107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim)) among those officers whose names were furnished to the selection board. **(c) Show-Cause Recommendations.—** (1) 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 include in its report to the Secretary concerned the name of any 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 to show c

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14109

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

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

**(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)

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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

10 U.S.C. § 616 — Recommendations for promotion by selection boards

**(a)** 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 recommend for promotion to the next higher grade those officers considered by the board whom the board, giving 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 615(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/b&num=0&edition=prelim)), considers best qualified for promotion within each competitive category considered by the board. **(b)** The Secretary of the military department concerned shall establish the number of officers such a selection board may recommend for promotion from among officers being considered from below the promotion zone in any competitive category. Such number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category, except that the Secretary of Defense may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary of Defense determines that the needs of the service so require. If the number determined under this subsection is less than one, the board may recommend one such officer. The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers which the board is authorized under [section 615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615&num=0&edition=prelim) to recommend for pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 616

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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. § 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. § 5553 — Provision of information on flight testing of ground-based midcourse national missile defense system

**(a) Information to Be Furnished to Congressional Committees.—** The Director of the Missile Defense Agency shall provide to the congressional defense committees information on the results of each flight test of the ground-based midcourse national missile defense system. **(b) Content.—** Information provided under subsection (a) on the results of a flight test shall include the following matters: (1) A thorough discussion of the content and objectives of the test. (2) For each such test objective, a statement regarding whether or not the objective was achieved. (3) For any such test objective not achieved— (A) a thorough discussion describing the reasons that the objective was not achieved; and (B) a discussion of any plans for future tests to achieve that objective.

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

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

Page 3723 TITLE 10—ARMED FORCES § 14108 Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (b) of this sec- tion were contained in section 5895 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). AMENDMENTS 2021—Subsec. (a)(3)(A). Pub. L. 116–283, § 505(d)(2), which directed amendment of subpar. (A) by sub- stituting ‘‘lieutenant colonel, or, in the case of the Navy, commander’’ for ‘‘colonel, or, in the case of the Navy, captain’’, was executed by making the substi- tution for ‘‘colonel or, in the case of the Navy, captain’’ to reflect the probable intent of Congress. Pub. L. 116–283, § 505(d)(1), designated existing provi- sions of par. (3) as subpar. (A). Subsec. (a)(3)(B), (C). Pub. L. 116–283, § 505(d)(3), added subpars. (B) and (C). 2006—Subsec. (a)(3). Pub. L. 109–163, § 506(b)(1)(B), added par. (3). Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 109–163, § 506(b)(1)(A), (2)(A), re- designated par. (3) as (4) and substituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Former par. (4) redesig- nated (5). Subsec. (a)(5). Pub. L. 109–163, § 506(b)(1)(A), (2)(B), re- designated par. (4) as (5) and substituted ‘‘, (3), and (4)’’ for ‘‘and (3)’’. Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 109–163, § 506(b)(1)(A), (2)(C)(i), redesignated par. (5) as (6) and inserted ‘‘, or in para- graph (3),’’ after ‘‘paragraph (2)’’ in introductory provi- sions. Former par. (6) redesignated (7). Subsec. (a)(6)(B). Pub. L. 109–163, § 506(b)(2)(C)(ii), in- serted ‘‘or (3), as applicable’’ after ‘‘paragraph (2)’’. Subsec. (a)(7). Pub. L. 109–163, § 506(b)(1)(A), redesig- nated par. (6) as (7). Subsec. (a)(7)(A). Pub. L. 109–163, § 506(b)(2)(D), in- serted ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’. Subse

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