10 U.S.C. § 14104 — Nondisclosure of board proceedings

Page 3720 TITLE 10—ARMED FORCES § 14103 nent grade higher than the grade of the officers under consideration by the board, and no mem- ber of a board may hold a grade below major or lieutenant commander. The members of a selec- tion board shall represent the diverse population of the armed force concerned to the extent prac- ticable. (c) REPRESENTATION OF COMPETITIVE CAT- EGORIES.—(1) Except as provided in paragraph (2), a selection board shall include at least one officer from each competitive category of offi- cers to be considered by the board. (2) A selection board need not include an offi- cer from a competitive category to be consid- ered by the board if there is no officer of that competitive category on the reserve active-sta- tus list or the active-duty list in a permanent grade higher than the grade of the officers to be considered by the board and otherwise eligible to serve on the board. However, in such a case, the Secretary of the military department con- cerned, in his discretion, may appoint as a mem- ber of the board a retired officer of that com- petitive category who is in the same armed force as the officers under consideration by the board who holds a higher grade than the grade of the officers under consideration. (d) PROHIBITION OF SERVICE ON CONSECUTIVE PROMOTION BOARDS.—No officer may be a mem- ber of two successive promotion boards con- vened under section 14101(a) of this title for the consideration of officers of the same competi- tive category and grade if the second of the two boards is to consider any officer who was consid- ered and not recommended for promotion to the next higher grade by the first of the two boards. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2924; amended Pub. L. 108–136, div. A, title V, § 511(b)(2), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 116–283, div. A, title V, § 503(b), Jan. 1, 2021, 134 Stat. 3565.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3362(b), (c), 5893(a), (b), and 8362(b), (c) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1). AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 inserted at end: ‘‘The members of a selection board shall represent the diverse population of the armed force concerned to the extent practicable.’’ 2003—Subsec. (a). Pub. L. 108–136 substituted ‘‘Selec- tion boards convened under section 14101(b) of this title’’ for ‘‘Continuation boards’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14103. Oath of members Each member of a selection board convened under section 14101 of this title shall take an oath to perform the duties of a member of the board without prejudice or partiality, having in view both the special fitness of officers and the efficiency of the member’s armed force. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3362(d), 5894, and 8362(d) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14104. Nondisclosure of board proceedings (a) PROHIBITION ON DISCLOSURE.—The pro- ceedings of a selection board convened under section 14101 or 14502 of this title may not be dis- closed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statu- tory exemption from disclosure, as described in section 552(b)(3) of title 5. (b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS, NOTES, AND RECORDS.—The dis- cussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and de- liberations— (1) are immune from legal process; (2) may not be admitted as evidence; and (3) may not be used for any purpose in any action, suit, or judicial or administrative pro- ceeding without the consent of the Secretary of the military department concerned. (c) APPLICABILITY.—This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–364, div. A, title V, § 547(b), Oct. 17, 2006, 120 Stat. 2216; Pub. L. 111–383, div. A, title V, § 503(c), Jan. 7, 2011, 124 Stat. 4208.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5898(e) of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). AMENDMENTS 2011—Subsec. (a). Pub. L. 111–383, § 503(c)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘The proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.’’ Subsec. (b). Pub. L. 111–383, § 503(c)(2), substituted ‘‘Notes, and Records’’ for ‘‘and Records’’ in heading. Subsec. (c). Pub. L. 111–383, § 503(c)(3), added subsec. (c). 2006—Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘Except as otherwise authorized or required by law, the proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.’’ Page 3721 TITLE 10—ARMED FORCES § 14107 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT This section, as amended by Pub. L. 109–364, applica- ble with respect to the proceedings of all selection boards convened under section 14101 of this title, in- cluding selection boards convened before Oct. 17, 2006, see section 547(c) of Pub. L. 109–364, set out as an Effec- tive Date note under section 613a of this title. EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14105. Notice of convening of promotion board (a) REQUIRED NOTICE.—At least 30 days before a promotion board is convened under section 14101(a) of this title to consider officers in a grade and competitive category for promotion to the next higher grade, the Secretary con- cerned shall either (1) notify in writing the offi- cers eligible for consideration by the board for promotion regarding the convening of the board, or (2) issue a general written notice to the armed force concerned regarding the convening of the board. (b) CONTENT OF NOTICE.—A notice under sub- section (a) shall include the date on which the board is to convene and (except in the case of a vacancy promotion board) the name and date of rank of the junior officer, and of the senior offi- cer, in the promotion zone as of the date of the notice. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14106. Communication with board by officers under consideration Subject to regulations prescribed by the Sec- retary of the military department concerned, an officer eligible for consideration by a promotion board convened under section 14101(a) of this title who is in the promotion zone or above the promotion zone, or who is to be considered by a vacancy promotion board, may send a written communication to the board calling attention to any matter concerning the officer which the of- ficer considers important to the officer’s case. Any such communication shall be sent so as to arrive not later than 10 calendar days before the date on which the board convenes. The board shall give consideration to any timely commu- nication under this section. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–163, div. A, title V, § 505(b), Jan. 6, 2006, 119 Stat. 3227; Pub. L. 115–91, div. A, title V, § 501(b), Dec. 12, 2017, 131 Stat. 1373.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3362(f), 5900, and 8362(f) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1). AMENDMENTS 2017—Pub. L. 115–91 substituted ‘‘10 calendar days’’ for ‘‘the day’’. 2006—Pub. L. 109–163 inserted ‘‘the day before’’ after ‘‘not later than’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 applicable with respect to promotion selection boards convened on or after Dec. 12, 2017, see section 501(c) of Pub. L. 115–91, set out as a note under section 614 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–163 effective Mar. 1, 2006, and applicable with respect to selection boards con- vened on or after that date, see section 505(c) of Pub. L. 109–163, set out as a note under section 614 of this title. EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 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 informa- tion furnished to selection boards convened under section 14101(a) of this title. Those regula- tions shall apply uniformly among the military departments. Any regulations prescribed by the Secretary of a military department to supple- ment those regulations may not take effect without the approval of the Secretary of Defense in writing. (2) No information concerning a particular eli- gible officer may be furnished to a selection board except for the following: (A) Information that is in the officer’s offi- cial military personnel file and that is pro- vided to the selection board in accordance with the regulations prescribed by the Sec- retary of Defense pursuant to paragraph (1). (B) Other information that is determined by the Secretary of the military department con- cerned, after review by that Secretary in ac- cordance with standards and procedures set out in the regulations prescribed by the Sec- retary of Defense pursuant to paragraph (1), to be substantiated, relevant information that could reasonably and materially affect the de- liberations 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 (including any comment on informa- tion 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 pre- scribed pursuant to paragraph (1) is prepared by administrative personnel for the purpose of facilitating the work of the selection board. (3)(A) In the case of an eligible officer consid- ered for promotion to a grade above lieutenant