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10 U.S.C. § 628a — Special selection review boards
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1)
(A) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 615(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/a/3/A&num=0&edition=prelim), that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained.
(B) Nothing in this section shall be construed to prevent a Secretary concerned from deferring consideration of adverse information concerning an officer subject to this section until the next regularly scheduled promotion board applicable to such officer, in lieu of furnishing such adverse information to a special selection review board under this section.
(2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person—
(A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and
(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.
**(b) Convening.—**
(1) Any special selection review board convened under this section
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Source location: Title 10, Chapter 36, § 628a; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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**(a) In General.—**
(1)
(A) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 615(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/a/3/A&num=0&edition=prelim), that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained.
(B) Nothing in this section shall be construed to prevent a Secretary concerned from deferring consideration of adverse information concerning an officer subject to this section until the next regularly scheduled promotion board applicable to such officer, in lieu of furnishing such adverse information to a special selection review board under this section.
(2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person—
(A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and
(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.
**(b) Convening.—**
(1) Any special selection review board convened under this section shall be convened in accordance with the provisions of [section 628(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section628/f&num=0&edition=prelim).
(2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary of the military department concerned shall specify in convening such special selection review board.
**(c) Information Considered.—**
(1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following:
(A) The record and information concerning the person furnished in accordance with [section 615(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/a/2&num=0&edition=prelim) to the promotion board that recommended the person for promotion.
(B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in [section 615(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/a/3/A&num=0&edition=prelim).
(2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in paragraph (3)(C) of [section 615(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/a&num=0&edition=prelim) applicable to the furnishing of information described in paragraph (3)(A) of such section to selection boards in accordance with that section.
(3)
(A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary of the military department concerned shall ensure that—
(i) such information is made available to the person; and
(ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section.
(B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s authorization for access to classified information.
(C)
(i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if—
(I) such information was made available to the person in connection with the furnishing of such information under [section 615(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section615/a&num=0&edition=prelim) to the promotion board that recommended the promotion of the person subject to review under this section; and
(II) the person submitted comments on such information to that promotion board.
(ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board.
(D) A person may waive either or both of the following:
(i) The right to submit comments to a special selection review board under subparagraph (A)(ii).
(ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii).
**(d) Consideration.—**
(1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers of the same competitive category who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board.
(2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened.
(3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion.
(4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person—
(A) ranks in the upper half of an order of merit created by the special selection review board or ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and
(B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board.
(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board.
(6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion.
**(e) Reports.—**
(1) Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it.
(2) The provisions of sections 617(b) and 618 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim). However, in the case of an officer on the Space Force officer list, the provisions of sections 618, 20215, and 20216 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim).
**(f) Appointment of Persons.—**
(1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with subsections (b) and (c) of [section 624 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624&num=0&edition=prelim). However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of an officer on the Space Force officer list who was referred to it for review under this section, and the President approves the report, the officer shall, as soon as practicable, be appointed to the grade in accordance with subsections (b) and (c) of [section 20252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20252&num=0&edition=prelim).
(2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned.
**(g) Regulations.—**
(1) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly across the military departments.
(2) Any regulation prescribed by the Secretary of a military department to supplement the regulations prescribed pursuant to paragraph (1) may not take effect without the approval of the Secretary of Defense, in writing.
**(h) Promotion Board Defined.—** In this section, the term “promotion board” means a selection board convened by the Secretary of a military department under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When the report of 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) is approved by the President, the Secretary of the military department concerned shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the active-duty list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.
(2) Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary concerned.
(3)
(A) Except as provided in subsection (d), officers on the active-duty list in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned.
(B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general.
**(b) Exception for Officers in Grade of First Lieutenant.—** Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under [section 20239(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20239/c/4/A&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(c) Selection Boards for Early Retirement or Discharge.—** The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under [section 20404(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20404/a&num=0&edition=prelim) or for discharge under [section 20404(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20404/b&num=0&edition=prelim).
**(d) Regulations.—** The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in this section, sections 14501, 14503, 14504, 631, and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability—
(1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and
(2) any reference in those sections to a board convened under section 14201 11 See References in Text note below. or [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611&num=0&edition=prelim) shall apply to a board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim).
**(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in [section 14501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list.
**(c) Retirement Authorities.—** In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title.
**(d) Effect of Failure of Selection.—** In the administration of this chapter pursuant to subsection (a)—
(1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14501(b) of this title until the officer has faile
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons Not Considered by Promotion Board Because of Administrative Error.—**
(1) **Convening of board.—** — In the case of an officer or former officer who the Secretary of the Air Force determines was not considered for selection for promotion by a selection board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim) because of administrative error, the Secretary shall convene a special selection board under this subsection to determine whether that officer or former officer should be recommended for promotion.
(2) **Board composition; oath.—** — Any such board shall be convened under regulations prescribed by the Secretary of Defense and shall be appointed and composed in accordance with [section 20212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20212&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).
(3) **Record considered by board.—** — A special selection board convened under paragraph (1) shall consider the record of the officer or former officer as that record would have appeared to the selection 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
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Federal law — U.S. Code and appendices · legal_authorities
[Section 628a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section628a&num=0&edition=prelim), relating to the convening of a special selection review board when credible information of an adverse nature was not furnished to a promotion board, applies with respect to persons recommended by a selection board for promotion to a grade at or below the grade of major general in the Space Force.
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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
Page 614
TITLE 10—ARMED FORCES
§ 628a
moted’’ and ‘‘that appointment’’ for ‘‘such promotion’’
and inserted at end ‘‘In the case of a person who is not
on the active-duty list when appointed to the next
higher grade, placement of that person on the active-
duty list pursuant to the preceding sentence shall be
only for purposes of determination of eligibility of that
person for consideration for promotion by any subse-
quent special selection board under this section.’’
Subsec. (e). Pub. L. 105–261, § 501(d), amended subsec.
(e) generally. Prior to amendment, subsec. (e) read as
follows: ‘‘The provisions of section 613 of this title
apply to members of special selection boards convened
under this section.’’
Subsecs. (f), (g). Pub. L. 105–261, § 501(e), added sub-
secs. (f) and (g).
1992—Subsec. (b)(1). Pub. L. 102–484 substituted ‘‘sec-
tion 573’’ for ‘‘section 558’’.
1991—Subsec. (a)(1). Pub. L. 102–190 substituted ‘‘sec-
tion 573’’ for ‘‘section 558’’.
1984—Subsecs. (a)(1), (b)(1). Pub. L. 98–525 substituted
‘‘(composed in accordance with section 612 of this title
or, in the case of a warrant officer, composed in accord-
ance with section 558 of this title and regulations pre-
scribed by the Secretary of the military department
concerned)’’ for ‘‘(composed in accordance with section
612 of this title)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–364, div. A, title V, § 514(c), Oct. 17, 2006,
120 Stat. 2185, provided that: ‘‘The amendments made
by this section [amending this section and section 14502
of this title] shall take effect on March 1, 2007, and
shall apply with respect to selection boards convened
on or after that date.’’
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–107, div. A, title V, § 503
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