10 U.S.C. § 613a — Nondisclosure of board proceedings

Page 592 TITLE 10—ARMED FORCES § 613 402 [amending this section and sections 615 and 618 of this title] shall take effect with respect to selection boards convened under section 611(a) of title 10, United States Code, after the end of the 120-day period begin- ning on the date of the enactment of this Act [Oct. 1, 1986].’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. § 613. Oath of members of selection boards Each member of a selection board shall swear that he will perform his duties as a member of the board without prejudice or partiality and having in view both the special fitness of offi- cers and the efficiency of his armed force. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2851.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. § 613a. Nondisclosure of board proceedings (a) PROHIBITION ON DISCLOSURE.—The pro- ceedings of a selection board convened under section 573, 611, 628, or 20211 of this title may not be disclosed to any person not a member of the board, except as authorized or required to proc- ess the report of the board. This prohibition is a statutory exemption from disclosure, as de- scribed 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 573, 611, 628, or 20211 of this title, regardless of the date on which the board was convened. (Added Pub. L. 109–364, div. A, title V, § 547(a)(1), Oct. 17, 2006, 120 Stat. 2215; amended Pub. L. 111–383, div. A, title V, § 503(a), Jan. 7, 2011, 124 Stat. 4207; Pub. L. 118–31, div. A, title XVII, § 1722(b)(1), Dec. 22, 2023, 137 Stat. 668.) Editorial Notes AMENDMENTS 2023—Subsecs. (a), (c). Pub. L. 118–31 substituted ‘‘573, 611, 628, or 20211’’ for ‘‘573, 611, or 628’’. 2011—Subsec. (a). Pub. L. 111–383, § 503(a)(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 611 this title may not be disclosed to any person not a member of the board.’’ Subsec. (b). Pub. L. 111–383, § 503(a)(2), substituted ‘‘Notes, and Records’’ for ‘‘and Records’’ in heading. Subsec. (c). Pub. L. 111–383, § 503(a)(3), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–364, div. A, title V, § 547(c), Oct. 17, 2006, 120 Stat. 2216, provided that: ‘‘Section 613a of title 10, United States Code, as added by subsection (a), shall apply with respect to the proceedings of all selection boards convened under section 611 of that title, includ- ing selection boards convened before the date of the en- actment of this Act [Oct. 17, 2006]. Section 14104 of such title, as amended by subsection (b), shall apply with re- spect to the proceedings of all selection boards con- vened under section 14101 of that title, including selec- tion boards convened before the date of the enactment of this Act.’’ § 614. Notice of convening of selection boards (a) At least 30 days before a selection board is convened under section 611(a) of this title to rec- ommend officers in a grade for promotion to the next higher grade, the Secretary concerned (1) shall notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the sen- ior officer, in the promotion zone as of the date of the notification, or (2) shall issue a general written notice to the armed force concerned re- garding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. (b) An officer eligible for consideration by a selection board convened under section 611(a) of this title may send a written communication to the board, to arrive not later than 10 calendar days before the date the board convenes, calling attention to any matter concerning himself that the officer considers important to his case. The selection board shall give consideration to any timely communication under this subsection. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2852; amended Pub. L. 97–22, § 4(b), July 10, 1981, 95 Stat. 126; Pub. L. 102–190, div. A, title V, § 504(a)(2)(A), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 109–163, div. A, title V, § 505(a), Jan. 6, 2006, 119 Stat. 3227; Pub. L. 115–91, div. A, title V, § 501(a), Dec. 12, 2017, 131 Stat. 1373.) Editorial Notes AMENDMENTS 2017—Subsec. (b). Pub. L. 115–91 substituted ‘‘10 cal- endar days before’’ for ‘‘the day before’’ in first sen- tence. 2006—Subsec. (b). Pub. L. 109–163 inserted ‘‘the day be- fore’’ after ‘‘not later than’’ in first sentence. 1991—Pub. L. 102–190 struck out ‘‘; communications with boards’’ after ‘‘selection boards’’ in section catch- line. 1981—Subsec. (a). Pub. L. 97–22 substituted ‘‘which shall include the convening date of the board’’ for