10 U.S.C. § 614 — Notice of convening of selection boards

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 Page 593 TITLE 10—ARMED FORCES § 615 ‘‘, the names of the officers eligible for consideration by the board as of the date of the notification, the con- vening date of the board,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title V, § 501(c), Dec. 12, 2017, 131 Stat. 1373, provided that: ‘‘The amendments made by this section [amending this section and section 14106 of this title] shall apply with respect to promotion selec- tion boards convened on or after the date of the enact- ment of this Act [Dec. 12, 2017].’’ EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title V, § 505(c), Jan. 6, 2006, 119 Stat. 3227, provided that: ‘‘The amendments made by this section [amending this section and section 14106 of this title] shall take effect on March 1, 2006, and shall apply with respect 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 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. § 615. Information furnished to selection boards (a)(1) The Secretary of Defense shall prescribe regulations governing information furnished to selection boards convened under section 611(a) or 20211 of this title. Those regulations shall apply uniformly among the military depart- ments. Any regulations prescribed by the Sec- retary of a military department to supplement those regulations may not take effect without the approval of the Secretary of Defense in writ- ing. (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 selection 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 614(b) 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 specified in sub- paragraph (B), any credible information of an adverse nature, including any substantiated ad- verse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of De- fense pursuant to paragraph (1). (B) A grade specified in this subparagraph is as follows: (i) In the case of a regular officer or an offi- cer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant. (ii) In the case of a reserve officer, a grade above lieutenant colonel or, in the case of the Navy, commander. (C) The standards and procedures referred to in subparagraph (A) shall require the furnishing to the selection board, and to each individual member of the board, the information described in that subparagraph with regard to an officer in a grade specified in subparagraph (B) at each stage or phase of the selection board, concurrent with the screening, rating, assessment, evalua- tion, discussion, or other consideration by the board or member of the official military per- sonnel file of the officer, or of the officer. (D) With respect to the consideration of an of- ficer for promotion to a grade at or below major general or in the case of the Navy, rear admiral, the requirements in subparagraphs (A) and (C) may be met through the convening and actions of a special selection review board with respect to the officer under section 628a of this title. (4) Information provided to a selection board in accordance with paragraphs (2) and (3) shall be made available to all members of the board and shall be made a part of the record of the board. Communication of such information shall be in a written form or in the form of an audio or video recording. If a communication is in the form of an audio or video recording, a written transcription of the recording shall also be made a part of the record of the selection board. (5) Paragraphs (2), (3), and (4) do not apply to the furnishing of appropriate administrative processing information to the selection board by administrative staff designated to assist the board, but only to the extent that oral commu- nications are necessary to facilitate the work of the board. (6) Information furnished to a selection board that is described in subparagraph (B), (C), or (D) of paragraph (2), or in paragraph (3), may not be furnished to a later selection board unless— (A) the information has been properly placed in the official military personnel file of the of- ficer concerned; or (B) the information is provided to the later selection board in accordance with paragraph (2) or (3), as applicable. (7)(A) Before information described in para- graph (2)(B) or (3) regarding an eligible officer is furnished to a selection board, the Secretary of