§14110 — Title 10 Armed Forces | U.S. Code

Summary

When a promotion board sends its report, the military department Secretary must check it to see if the board broke the law, followed the wrong rules, or ignored the guidance it was given. If the Secretary finds no problem, the Secretary must send the report on as required. If the Secretary finds a problem, the Secretary must return the report with a written explanation. The board, or a later board for the same rank and competitive group, must correct the report so it follows the law, rules, and guidance, and then send the fixed report back to the Secretary.

Title 10, §14110

Armed Forces — Source: USLM XML via OLRC

(a)Upon receipt of the report of a promotion board submitted under section 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 Secretary concerned makes a determination as described in subsection (b), the Secretary shall submit the report as required by section 14111 of this title.

(b)If, on the basis of a review of the report 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 the report, together with a written explanation of the basis for such determination, to the board for further proceedings. Upon receipt of a report returned by the Secretary concerned under this subsection, the selection board (or a subsequent selection board convened under section 14101(a) of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report to be consistent with law, regulation, and such guidelines and shall resubmit the report, as revised, to the Secretary in accordance with section 14109 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 5898(a) of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).

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