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

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

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

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Source location: Title 10, Chapter 36, § 616; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md

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**(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 promotion. **(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=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 615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615&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. **(d)** (1) Subject to paragraph (2), the number of officers recommended for promotion by 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) may not exceed the number equal to 95 percent of the number of officers included in the promotion zone established under [section 623 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section623&num=0&edition=prelim) for consideration by the board, except, the Secretary concerned may authorize a greater number of officers so recommended that is less than 100 percent of the number of officers so included, for medical and dental officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness. (2) During the period beginning on January 1, 2025, and ending on December 31, 2030, the number of officers recommended for promotion by 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) may not equal or exceed 100 percent of the number of officers included in the promotion zone established under [section 623 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section623&num=0&edition=prelim) for consideration by the board, for nurse officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness. **(e)** Except as otherwise provided by law, an officer on the active-duty list may not be promoted to a higher grade under this chapter unless he is considered and recommended for promotion to that grade by a selection board convened under this chapter. **(f)** The recommendations of a selection 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 617 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section617&num=0&edition=prelim), is signed by each member of the board. **(g)** The Secretary convening a selection board under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/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 selection board or any member of a selection board in the formulation of the board’s recommendations. **(h)** (1) In selecting the officers to be recommended for promotion, a selection board shall, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under [section 624(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/1&num=0&edition=prelim). (2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under [section 615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615&num=0&edition=prelim). (3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend, pursuant to guidelines and procedures prescribed by the Secretary concerned, the order in which those officers should be placed on the list.

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

10 U.S.C. § 623 — Establishment of promotion zones

**(a)** Before convening a selection board under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim) to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. **(b)** The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which [section 523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section523&num=0&edition=prelim) is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.

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

10 U.S.C. § 615 — Information furnished to selection boards

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 615

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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. § 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. § 617 — Reports of selection boards

**(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

10 U.S.C. § 101 — Definitions

**(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

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. § 649b — Selection for promotion

**(a) In General.—** Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter. **(b) No Recommendation for Promotion of Officers Below Promotion Zone.—** [Section 616(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section616/b&num=0&edition=prelim) shall not apply to the selection for promotion of officers described in subsection (a). **(c) Recommendation for Officers To Be Excluded From Future Consideration for Promotion.—** In making recommendations pursuant to [section 616 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section616&num=0&edition=prelim) for purposes of the administration of this subchapter, 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) may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 649b

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

10 U.S.C. § 616 — Recommendations for promotion by selec-

Page 596 TITLE 10—ARMED FORCES § 616 ‘‘(a) ACTIVE DUTY OFFICERS.—The Secretary of De- fense shall include in the regulations prescribed pursu- ant to section 615(a) of title 10, United States Code, a prohibition on the inclusion of an official photograph of an officer in the information furnished to a selection board pursuant to section 615(b) of such title. ‘‘(b) RESERVE OFFICERS.—The Secretary of Defense shall include in regulations prescribed pursuant to sec- tion 14107(a)(1) of title 10, United States Code, a prohi- bition on the inclusion of an official photograph of an officer in the information furnished to a selection board pursuant to section 14107(a)(2) of such title. ‘‘(c) ENLISTED MEMBERS.—Each Secretary of a mili- tary department shall prescribe regulations that pro- hibit the inclusion of an official photograph of an en- listed member in the information furnished to a board that considers enlisted members under the jurisdiction of such Secretary for promotion.’’ § 616. Recommendations for promotion by selec- tion boards (a) A selection board convened under section 611(a) of this title shall recommend for pro- motion 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), 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 pro- motion from among officers being considered from below the promotion zone in any competi- tive category. Suc

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 616

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