10 U.S.C. § 14103 — Oath of members

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.’’