10 U.S.C. § 14108 — Recommendations by promotion boards

Page 3723 TITLE 10—ARMED FORCES § 14108 Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (b) of this sec- tion were contained in section 5895 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). AMENDMENTS 2021—Subsec. (a)(3)(A). Pub. L. 116–283, § 505(d)(2), which directed amendment of subpar. (A) by sub- stituting ‘‘lieutenant colonel, or, in the case of the Navy, commander’’ for ‘‘colonel, or, in the case of the Navy, captain’’, was executed by making the substi- tution for ‘‘colonel or, in the case of the Navy, captain’’ to reflect the probable intent of Congress. Pub. L. 116–283, § 505(d)(1), designated existing provi- sions of par. (3) as subpar. (A). Subsec. (a)(3)(B), (C). Pub. L. 116–283, § 505(d)(3), added subpars. (B) and (C). 2006—Subsec. (a)(3). Pub. L. 109–163, § 506(b)(1)(B), added par. (3). Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 109–163, § 506(b)(1)(A), (2)(A), re- designated par. (3) as (4) and substituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Former par. (4) redesig- nated (5). Subsec. (a)(5). Pub. L. 109–163, § 506(b)(1)(A), (2)(B), re- designated par. (4) as (5) and substituted ‘‘, (3), and (4)’’ for ‘‘and (3)’’. Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 109–163, § 506(b)(1)(A), (2)(C)(i), redesignated par. (5) as (6) and inserted ‘‘, or in para- graph (3),’’ after ‘‘paragraph (2)’’ in introductory provi- sions. Former par. (6) redesignated (7). Subsec. (a)(6)(B). Pub. L. 109–163, § 506(b)(2)(C)(ii), in- serted ‘‘or (3), as applicable’’ after ‘‘paragraph (2)’’. Subsec. (a)(7). Pub. L. 109–163, § 506(b)(1)(A), redesig- nated par. (6) as (7). Subsec. (a)(7)(A). Pub. L. 109–163, § 506(b)(2)(D), in- serted ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’. Subsec. (d). Pub. L. 109–163, § 515(b)(1)(QQ), substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 506(b) of Pub. L. 109–163 effec- tive Oct. 1, 2006, and applicable with respect to pro- motion selection boards convened on or after that date, see section 506(c) of Pub. L. 109–163, set out as a note under section 615 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. § 14108. Recommendations by promotion boards (a) RECOMMENDATION OF BEST QUALIFIED OFFI- CERS.—A promotion board convened under sec- tion 14101(a) of this title shall recommend for promotion to the next higher grade those offi- cers considered by the board whom the board considers best qualified for promotion within each competitive category considered by the board or, in the case of a vacancy promotion board, among those officers considered to fill a vacancy. In determining those officers who are best qualified for promotion, the board shall give due consideration to the needs of the armed force concerned for officers with particular skills (as noted in the guidelines or information furnished the board under section 14107 of this title). (b) ACTIONS REQUIRED.—A promotion board convened under section 14101(a) of this title may not recommend an officer for promotion un- less— (1) the officer receives the recommendation of a majority of the members of the board; (2) a majority of the members of the board finds that the officer is fully qualified for pro- motion; and (3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the of- ficer that is provided to the board under sec- tion 14107 of this title, finds that the officer is among the officers best qualified for pro- motion to meet the needs of the armed force concerned consistent with the requirement of exemplary conduct set forth in section 7233, 8167, or 9233 of this title, as applicable. (c) BOARD RECOMMENDATION REQUIRED FOR PROMOTION.—Except as otherwise provided by law, an officer on the reserve active-status list may not be promoted to a higher grade under chapter 1405 of this title unless the officer is considered and recommended for promotion to that grade by a promotion board convened under section 14101(a) of this title (or by a special se- lection board convened under section 14502 of this title). (d) DISCLOSURE OF BOARD RECOMMENDATIONS.— The recommendations of a promotion board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a per- son not a member of the board (or a member of the administrative staff designated by the Sec- retary concerned to assist the board) until the written report of the recommendations of the board, required by section 14109 of this title, is signed by each member of the board. (e) PROHIBITION OF COERCION AND UNAUTHOR- IZED INFLUENCE OF ACTIONS OF BOARD MEM- BERS.—The Secretary convening a promotion board under section 14101(a) of this title, and an officer or other official exercising authority over any member of a selection board, may not— (1) censure, reprimand, or admonish the se- lection board or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within the authorized discretion of the board; or (2) attempt to coerce or, by any unauthor- ized means, influence any action of a pro- motion board or any member of a promotion board in the formulation of the board’s rec- ommendations. (f) HIGHER PLACEMENT OF OFFICERS OF PAR- TICULAR MERIT ON PROMOTION LIST.—(1) In se- lecting officers to be recommended for pro- motion, a promotion board may, when author- ized by the Secretary concerned, recommend that officers of particular merit, from among those officers selected for promotion, be placed higher on the promotion list established by the Secretary under section 14308(a) of this title. (2) A promotion board may make a rec- ommendation under paragraph (1) only if an offi- cer receives the recommendation of— (A) a majority of the members of the pro- motion board; or (B) an alternative requirement established by the Secretary concerned and furnished to the promotion board as part of the guidelines under section 14107 of this title. Page 3724 TITLE 10—ARMED FORCES § 14109 (3) For officers who receive recommendations under paragraph (1), the board shall recommend the order in which those officers should be placed on the promotion list. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2928; amended Pub. L. 109–364, div. A, title V, § 512(b), Oct. 17, 2006, 120 Stat. 2184; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–92, div. A, title V, § 510(a), Dec. 20, 2019, 133 Stat. 1347.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3362(e), 5893(c), 5896, and 8362(e) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1). AMENDMENTS 2019—Subsec. (f). Pub. L. 116–92 added subsec. (f). 2018—Subsec. (b)(3). Pub. L. 115–232 substituted ‘‘sec- tion 7233, 8167, or 9233’’ for ‘‘section 3583, 5947, or 8583’’. 2006—Subsec. (b). Pub. L. 109–364, § 512(b)(1), sub- stituted ‘‘Actions’’ for ‘‘Majority’’ in heading. Subsec. (b)(3). Pub. L. 109–364, § 512(b)(2)–(4), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–364 effective Oct. 17, 2006, and applicable with respect to selection boards con- vened on or after that date, see section 512(c) of Pub. L. 109–364, set out as a note under section 616 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. § 14109. Reports of promotion boards: in general (a) REPORT OF OFFICERS RECOMMENDED FOR PROMOTION.—Each promotion board convened under section 14101(a) of this title shall submit to the Secretary of the military department concerned a report in writing containing a list of the names of the officers recommended by the board for promotion. The report shall be signed by each member of the board. (b) CERTIFICATION.—Each report under sub- section (a) shall include a certification— (1) that the board has carefully considered the record of each officer whose name was fur- nished to the board; and (2) that, in the case of a promotion board convened under section 14101(a) of this title, in the opinion of a majority of the members of the board, the officers recommended for pro- motion by the board are best qualified for pro- motion to meet the needs of the armed force concerned (as noted in the guidelines or infor- mation furnished the board under section 14107 of this title) among those officers whose names were furnished to the selection board. (c) SHOW-CAUSE RECOMMENDATIONS.—(1) A pro- motion board convened under section 14101(a) of this title shall include in its report to the Sec- retary concerned the name of any reserve officer before it for consideration for promotion whose record, in the opinion of a majority of the mem- bers of the board, indicates that the officer should be required to show cause for retention in an active status. (2) If such a report names an officer as having a record which indicates that the officer should be required to show cause for retention, the Sec- retary concerned may provide for the review of the record of that officer as provided under regu- lations prescribed under section 14902 of this title. (d) REPORT OF OFFICERS RECOMMENDED FOR HIGHER PLACEMENT ON PROMOTION LIST.—A pro- motion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) of this title, include in its report to the Secretary concerned— (1) the names of those officers the promotion board recommends be placed higher on the promotion list; and (2) the order in which the promotion board recommends those officers should be placed on the promotion list. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2928; amended Pub. L. 116–92, div. A, title V, § 510(b), Dec. 20, 2019, 133 Stat. 1347.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 5897 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). AMENDMENTS 2019—Subsec. (d). Pub. L. 116–92 added subsec. (d). 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. § 14110. Reports of promotion boards: review by Secretary (a) REVIEW OF REPORT.—Upon receipt of the re- port of a promotion board submitted under sec- tion 14109(a) of this title, the Secretary of the military department concerned shall review the report to determine whether the board has acted contrary to law or regulation or to guidelines furnished the board under section 14107(a) of this title. Following that review, unless the Sec- retary concerned makes a determination as de- scribed in subsection (b), the Secretary shall submit the report as required by section 14111 of this title. (b) RETURN OF REPORT FOR FURTHER PRO- CEEDINGS.—If, on the basis of a review of the re- port under subsection (a), the Secretary of the military department concerned determines that the board acted contrary to law or regulation or to guidelines furnished the board under section 14107(a) of this title, the Secretary shall return