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10 U.S.C. § 617 — Reports of selection boards

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

10 U.S.C. § 617 — Reports of selection boards

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Source location: Title 10, Chapter 36, § 617; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md

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**(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=prelim) 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 request 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim). **(d)** 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, when authorized under [section 616(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section616/h&num=0&edition=prelim), 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.

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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

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

10 U.S.C. § 1174 — Separation pay upon involuntary discharge or release from active duty

**(a) Regular Officers.—** (1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1). (2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay. (3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim). (4) Notwithstanding paragraphs (1) and (2), an officer wh

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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. § 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. § 20215 — Recommendations for promotion by selection boards

**(a) Board to Recommend Officers Best Qualified for Promotion.—** 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) 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 Space Force 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) Number to Be Recommended.—** The Secretary of the Air Force shall establish the number of officers such a selection board may recommend for promotion from among officers being considered. **(c) Board Procedures for Recommendations; Limitations.—** 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) 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 ne

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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. § 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

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

10 U.S.C. § 618 — Action on reports of selection boards

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

10 U.S.C. § 617 — Reports of selection boards

Page 597 TITLE 10—ARMED FORCES § 617 bers of the board, unless the Secretary con- cerned establishes an alternative requirement. Any such alternative requirement shall be fur- nished to the board as part of the guidelines fur- nished to the board under section 615 of this title. (3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend, pursuant to guide- lines and procedures prescribed by the Secretary concerned, the order in which those officers should be placed on the list. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2852; amended Pub. L. 100–456, div. A, title V, § 501(b), Sept. 29, 1988, 102 Stat. 1966; Pub. L. 102–190, div. A, title V, § 504(b), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 102–484, div. A, title X, § 1052(8), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 109–364, div. A, title V, § 512(a), Oct. 17, 2006, 120 Stat. 2184; Pub. L. 115–232, div. A, title V, § 504(a), title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1742, 1840; Pub. L. 116–92, div. A, title V, § 503(a), Dec. 20, 2019, 133 Stat. 1344; Pub. L. 116–283, div. A, title V, § 504(a), Jan. 1, 2021, 134 Stat. 3565; Pub. L. 118–31, div. A, title V, § 506, Dec. 22, 2023, 137 Stat. 242; Pub. L. 118–159, div. A, title V, § 504, Dec. 23, 2024, 138 Stat. 1869.) Editorial Notes AMENDMENTS 2024—Subsec. (d). Pub. L. 118–159 designated existing provisions as par. (1), substituted ‘‘Subject to para- graph (2), the number’’ for ‘‘The number’’, and added par. (2). 2023—Subsec. (d). Pub. L. 118–31 inserted before period at end ‘‘, except, the Secretary concerned may author- ize a greater number of officers so recommended that is less than 100 percent of the number of officers so in- cluded, for medical and dental of

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