§14111 Reports of selection boards: transmittal to President

Summary

After a promotion board finishes its work, the military department secretary must send the board’s report and their recommendation to the Secretary of Defense. The Secretary of Defense then sends it to the President to approve or reject. If the President’s approval power is given to the Secretary of Defense, the Secretary of Defense may only pass that power to someone inside the Office of the Secretary of Defense. Only the President can take a name off a promotion list, except for promotions below brigadier general or rear admiral (lower half), where the Secretary of Defense or the Deputy Secretary can also remove a name. If a name is removed for reasons other than misconduct, the Secretary of Defense must tell the congressional defense committees within 30 days and before sending the promotion list to the Senate. If a recommendation to remove a name uses information the board did not see, the officer must be shown that information and given a fair chance to comment. If the information is classified and the officer cannot see it, an appropriate summary should be provided when possible.