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. 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 competi- tive category, except that the Secretary of De- fense 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 deter- mines 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 rec- ommended for promotion from below the pro- motion zone does not increase the maximum number of officers which the board is authorized under section 615 of this title to recommend for promotion. (c) A selection board convened under section 611(a) of this title 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 pro- motion; and (3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the of- ficer that is provided to the board under sec- tion 615 of this title, finds that the officer is among the officers best qualified for pro- motion 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 selec- tion board convened under section 611(a) of this title may not exceed the number equal to 95 per- cent of the number of officers included in the promotion zone established under section 623 of this title for consideration by the board, except, the Secretary concerned may authorize a great- er number of officers so recommended that is less than 100 percent of the number of officers so included, for medical and dental officers rec- ommended for promotion to major or lieutenant commander, if the Secretary concerned deter- mines 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 num- ber of officers recommended for promotion by a selection board convened under section 611(a) of this title may not equal or exceed 100 percent of the number of officers included in the promotion zone established under section 623 of this title for consideration by the board, for nurse officers recommended for promotion to major or lieuten- ant commander, if the Secretary concerned de- termines that such greater number is necessary to maintain or improve medical readiness. (e) Except as otherwise provided by law, an of- ficer on the active-duty list may not be pro- moted to a higher grade under this chapter un- less he is considered and recommended for pro- motion to that grade by a selection board con- vened under this chapter. (f) The recommendations of a selection board may be disclosed only in accordance with regu- lations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a person not a member of the board (or a mem- ber 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, is signed by each member of the board. (g) The Secretary convening a selection board under section 611(a) of this title, and an officer or other official exercising authority over any member of a selection board, may not— (1) censure, reprimand, or admonish the se- lection 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 unauthor- ized means, influence any action of a selection board or any member of a selection board in the formulation of the board’s recommenda- tions. (h)(1) In selecting the officers to be rec- ommended for promotion, a selection board shall, when authorized by the Secretary of the military department concerned, recommend of- ficers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary, from among those officers selected for pro- motion, to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title. (2) An officer may be recommended to be placed higher on a promotion list under para- graph (1) only if the officer receives the rec- ommendation of at least a majority of the mem- 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 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’’. 2021—Subsec. (h)(1). Pub. L. 116–283, § 504(a)(1), sub- stituted ‘‘shall’’ for ‘‘may’’ and inserted ‘‘pursuant to guidelines and procedures prescribed by the Sec- retary,’’ after ‘‘officers of particular merit,’’. Subsec. (h)(3). Pub. L. 116–283, § 504(a)(2), inserted ‘‘, pursuant to guidelines and procedures prescribed by the Secretary concerned,’’ after ‘‘shall recommend’’. 2019—Subsecs. (d) to (h). Pub. L. 116–92 added subsec. (d) and redesignated former subsecs. (d) to (g) as (e) to (h), respectively. 2018—Subsec. (c)(3). Pub. L. 115–232, § 809(a), sub- stituted ‘‘section 7233, 8167, or 9233’’ for ‘‘section 3583, 5947, or 8583’’. Subsec. (g). Pub. L. 115–232, § 504(a), added subsec. (g). 2006—Subsec. (c)(3). Pub. L. 109–364 added par. (3). 1992—Pub. L. 102–484 substituted ‘‘section 615(b)’’ for ‘‘section 615(a)’’. 1991—Subsecs. (e), (f). Pub. L. 102–190 added subsecs. (e) and (f). 1988—Subsec. (a). Pub. L. 100–456 inserted ‘‘(as noted in the guidelines or information furnished the board under section 615(a) of this title)’’ after ‘‘particular skills’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title V, § 504(b), Jan. 1, 2021, 134 Stat. 3565, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 1, 2021], and shall apply with respect to officers recommended for promotion by promotion selection boards convened on or after that date.’’ EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. A, title V, § 503(b), Dec. 20, 2019, 133 Stat. 1344, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 20, 2019], and shall apply with respect to consideration by pro- motion selection boards convened under section 611(a) of title 10, United States Code, of promotion zones that are established under section 623 of that title on or after that date.’’ EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 809(a) of Pub. L. 115–232 effec- tive Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesigna- tions, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title V, § 512(c), Oct. 17, 2006, 120 Stat. 2184, provided that: ‘‘The amendments made by this section [amending this section and section 14108 of this title] shall take effect on the date of the enact- ment of this Act [Oct. 17, 2006] and shall apply with re- spect to selection boards convened on or after that date.’’ EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 applicable to selection boards convened under section 611(a) of this title after end of 60-day period beginning Dec. 5, 1991, see section 504(e) of Pub. L. 102–190, set out as a note under section 615 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 effective 60 days after Sept. 29, 1988, and applicable with respect to selection boards convened under section 611(a) of this title on or after that effective date, see section 501(e) of Pub. L. 100–456, set out as a note under section 615 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. § 617. Reports of selection boards (a) Each selection board convened under sec- tion 611(a) of this title shall submit to the Sec- retary of the military department concerned a written report, signed by each member of the board, containing a list of the names of the offi- cers 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, and (2) that, in the opinion of a majority of the members of the board, the officers recommended for pro- motion by the board are best qualified for pro- motion to meet the needs of the armed force concerned (as noted in the guidelines or infor- mation furnished the board under section 615(b) of this title) among those officers whose names were furnished to the selection board. (b) A selection board convened under section 611(a) of this title shall include in its report to the Secretary concerned the name of any reg- ular or reserve officer before it for consideration for promotion whose record, in the opinion of a