10 U.S.C. § 14111 — Reports of selection boards: transmittal

Page 3725 TITLE 10—ARMED FORCES § 14112 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 subsection, the selection board (or a subsequent selection board convened under section 14101(a) of this title 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 guide- lines and shall resubmit the report, as revised, to the Secretary in accordance with section 14109 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2929.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5898(a) of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). 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. § 14111. Reports of selection boards: transmittal to President (a) TRANSMITTAL TO PRESIDENT.—The Sec- retary concerned, after final review of the report of a selection board under section 14110 of this title, shall submit the report with the Sec- retary’s recommendations, to the Secretary of Defense for transmittal by the Secretary to the President for approval or disapproval. If the au- thority of the President to approve or dis- approve the report of a promotion board is dele- gated to the Secretary of Defense, that author- ity may not be redelegated except to an official in the Office of the Secretary of Defense. (b) REMOVAL OF NAME FROM BOARD REPORT.— (1) Except as provided in paragraph (2), the name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President. (2) In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense. (c) RECOMMENDATIONS FOR REMOVAL OF SE- LECTED OFFICERS FROM REPORT.—If the Sec- retary of a military department or the Sec- retary of Defense makes a recommendation under this section that the name of an officer be removed from the report of a promotion board and the recommendation is accompanied by in- formation that was not presented to that pro- motion board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible of- ficer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the in- formation. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2929; amended Pub. L. 109–364, div. A, title V, § 513(b), Oct. 17, 2006, 120 Stat. 2185.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 5898(b) and (c) of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). AMENDMENTS 2006—Subsec. (b). Pub. L. 109–364 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), the’’ for ‘‘The’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–364 applicable with re- spect to selection boards convened on or after Oct. 17, 2006, see section 513(c) of Pub. L. 109–364, set out as a note under section 618 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. Executive Documents DELEGATION OF FUNCTIONS For assignment of functions of President under first sentence of subsec. (a) of this section, see section 1(c) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, and section 1(a) of Ex. Ord. No. 13598, Jan. 27, 2012, 77 F.R. 5371, set out as notes under section 301 of Title 3, The President. § 14112. Dissemination of names of officers se- lected (a) TIME FOR DISSEMINATION.—The names of the officers recommended for promotion in the report of a selection board shall be disseminated to the armed force concerned as follows: (1) In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), such names may be disseminated upon, or at any time after, the transmittal of the report to the President. (2) In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, such names may be disseminated upon, or at any time after, the approval of the report by the President. (3) In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated— (A) upon confirmation of the promotion of the officers by the Senate (in the case of pro- motions required to be submitted to the Senate for confirmation); or (B) upon the approval of the report by the President (in the case of promotions not re- quired to be submitted to the Senate for confirmation). (b) NAMES NOT DISSEMINATED.—A list of names of officers disseminated under subsection (a) may not include—