10 U.S.C. § 14106 — Communication with board by officers

Page 3721 TITLE 10—ARMED FORCES § 14107 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT This section, as amended by Pub. L. 109–364, applica- ble with respect to the proceedings of all selection boards convened under section 14101 of this title, in- cluding selection boards convened before Oct. 17, 2006, see section 547(c) of Pub. L. 109–364, set out as an Effec- tive Date note under section 613a 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. § 14105. Notice of convening of promotion board (a) REQUIRED NOTICE.—At least 30 days before a promotion board is convened under section 14101(a) of this title to consider officers in a grade and competitive category for promotion to the next higher grade, the Secretary con- cerned shall either (1) notify in writing the offi- cers eligible for consideration by the board for promotion regarding the convening of the board, or (2) issue a general written notice to the armed force concerned regarding the convening of the board. (b) CONTENT OF NOTICE.—A notice under sub- section (a) shall include the date on which the board is to convene and (except in the case of a vacancy promotion board) the name and date of rank of the junior officer, and of the senior offi- cer, in the promotion zone as of the date of the notice. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925.) 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. § 14106. Communication with board by officers under consideration Subject to regulations prescribed by the Sec- retary of the military department concerned, an officer eligible for consideration by a promotion board convened under section 14101(a) of this title who is in the promotion zone or above the promotion zone, or who is to be considered by a vacancy promotion board, may send a written communication to the board calling attention to any matter concerning the officer which the of- ficer considers important to the officer’s case. Any such communication shall be sent so as to arrive not later than 10 calendar days before the date on which the board convenes. The board shall give consideration to any timely commu- nication under this section. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–163, div. A, title V, § 505(b), Jan. 6, 2006, 119 Stat. 3227; Pub. L. 115–91, div. A, title V, § 501(b), Dec. 12, 2017, 131 Stat. 1373.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3362(f), 5900, and 8362(f) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1). AMENDMENTS 2017—Pub. L. 115–91 substituted ‘‘10 calendar days’’ for ‘‘the day’’. 2006—Pub. L. 109–163 inserted ‘‘the day before’’ after ‘‘not later than’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 applicable with respect to promotion selection boards convened on or after Dec. 12, 2017, see section 501(c) of Pub. L. 115–91, set out as a note under section 614 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–163 effective Mar. 1, 2006, and applicable with respect to selection boards con- vened on or after that date, see section 505(c) of Pub. L. 109–163, set out as a note under section 614 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. § 14107. Information furnished by the Secretary concerned to promotion boards (a) INTEGRITY OF THE PROMOTION SELECTION BOARD PROCESS.—(1) The Secretary of Defense shall prescribe regulations governing informa- tion furnished to selection boards convened under section 14101(a) of this title. Those regula- tions shall apply uniformly among the military departments. Any regulations prescribed by the Secretary of a military department to supple- ment those regulations may not take effect without the approval of the Secretary of Defense in writing. (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 promotion 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 14106 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 above lieutenant