10 U.S.C. § 14102 — Selection boards: appointment and com-

Page 3719 TITLE 10—ARMED FORCES § 14102 § 14006. Determination of years in grade For the purpose of chapters 1403 through 1411 of this title, an officer’s years of service in a grade are computed from the officer’s date of rank in grade as determined under section 741(d) of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923.) 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. CHAPTER 1403—SELECTION BOARDS Sec. 14101. Convening of selection boards. 14102. Selection boards: appointment and composi- tion. 14103. Oath of members. 14104. Nondisclosure of board proceedings. 14105. Notice of convening of promotion board. 14106. Communication with board by officers under consideration. 14107. Information furnished by the Secretary con- cerned to promotion boards. 14108. Recommendations by promotion boards. 14109. Reports of promotion boards: in general. 14110. Reports of promotion boards: review by Sec- retary. 14111. Reports of selection boards: transmittal to President. 14112. Dissemination of names of officers selected. Editorial Notes AMENDMENTS 2006—Pub. L. 109–364, div. A, title V, § 547(d)(2), Oct. 17, 2006, 120 Stat. 2216, substituted ‘‘Nondisclosure’’ for ‘‘Confidentiality’’ in item 14104. 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(23), Feb. 10, 1996, 110 Stat. 497, substituted ‘‘promotion’’ for ‘‘selection’’ in item 14105. § 14101. Convening of selection boards (a) PROMOTION BOARDS.—(1) Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for pro- motion to the next higher grade, under chapter 1405 of this title, officers on the reserve active- status list of that armed force in a permanent grade from first lieutenant through brigadier general or, in the case of the Navy Reserve, lieu- tenant (junior grade) through rear admiral (lower half). A selection board convened under this subsection shall be known as a ‘‘promotion board’’. (2) A promotion board convened to recommend reserve officers of the Army or reserve officers of the Air Force for promotion (A) to fill a posi- tion vacancy under section 14315 of this title, or (B) to the grade of brigadier general or major general, shall be known as a ‘‘vacancy pro- motion board’’. Any other promotion board con- vened under this subsection shall be known as a ‘‘mandatory promotion board’’. (3) Paragraph (1) does not require the con- vening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under sec- tion 14308(b)(4) of this title all such officers whom the Secretary finds to be fully qualified for promotion. (b) SELECTIVE EARLY SEPARATION BOARDS.— Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned may convene a selection board to rec- ommend officers of that armed force— (1) for selective early removal from the re- serve active-status list under section 14704 of this title; or (2) for selective early retirement under sec- tion 14705 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2924; amended Pub. L. 105–85, div. A, title V, § 514(a), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, § 505(b)(3), Dec. 28, 2001, 115 Stat. 1087; Pub. L. 108–136, div. A, title V, § 511(b)(1), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 109–163, div. A, title V, § 515(b)(1)(PP), Jan. 6, 2006, 119 Stat. 3234.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(1). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 2003—Subsec. (b). Pub. L. 108–136, § 511(b)(1)(A), (D), substituted ‘‘Selective Early Separation Boards’’ for ‘‘Continuation Boards’’ in heading and struck out con- cluding provisions which read as follows: ‘‘A selection board convened under this subsection shall be known as a ‘continuation board’.’’ Subsec. (b)(1) to (3). Pub. L. 108–136, § 511(b)(1)(B), (C), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: ‘‘for continuation on the reserve active-status list under section 14701 of this title;’’. 2001—Subsec. (a)(3). Pub. L. 107–107 added par. (3). 1997—Subsec. (a)(2). Pub. L. 105–85 struck out ‘‘(except in the case of a board convened to consider officers as provided in section 14301(e) of this title)’’ before ‘‘be known as a ‘vacancy promotion board’.’’ 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. § 14102. Selection boards: appointment and com- position (a) APPOINTMENT.—Members of selection boards convened under section 14101 of this title shall be appointed by the Secretary of the mili- tary department concerned in accordance with this section. Promotion boards and special selec- tion boards shall consist of five or more officers. Selection boards convened under section 14101(b) of this title shall consist of three or more offi- cers. All of the officers of any such selection board shall be of the same armed force as the of- ficers under consideration by the board. (b) COMPOSITION.—At least one-half of the members of such a selection board shall be re- serve officers, to include at least one reserve of- ficer from each reserve component from which officers are to be considered by the board. Each member of a selection board must hold a perma- 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.’’