§14112 — Title 10 Armed Forces | U.S. Code

Summary

The armed service must be given the names of officers chosen for promotion, following set timing rules. For promotions below brigadier general or rear admiral (lower half), names can be sent when the report is sent to the President or any time after. For promotions above colonel (or captain in the Navy), names can be sent when the President approves the report or any time after. If names were not sent earlier, they must be sent quickly either when the Senate confirms the promotion (if needed) or when the President approves it. A list sent after the President’s approval must not include any name the President removed from the report. A list sent after Senate confirmation must not include any officer the Senate did not confirm.

Title 10, §14112

Armed Forces — Source: USLM XML via OLRC

(a)The names of the officers recommended for promotion in the report of a selection board shall be disseminated to the armed force concerned as follows:

(1)In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), such names may be disseminated upon, or at any time after, the transmittal of the report to the President.

(2)In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, such names may be disseminated upon, or at any time after, the approval of the report by the President.

(3)In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated—

(A)upon confirmation of the promotion of the officers by the Senate (in the case of promotions required to be submitted to the Senate for confirmation); or

(B)upon the approval of the report by the President (in the case of promotions not required to be submitted to the Senate for confirmation).

(b)A list of names of officers disseminated under subsection (a) may not include—

(1)any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of paragraph (2) or (3)(B) of that subsection; or

(2)the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of paragraph (3)(A) of that subsection.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

2000—Pub. L. 106–398 amended text generally. Prior to amendment, text read as follows: “Upon approval by the President of the report of a promotion board, the names of the officers recommended for promotion by the promotion board (other than any name removed by the President) may be disseminated to the armed force concerned. If those names have not been sooner disseminated, those names (other than the name of any officer whose promotion the Senate failed to confirm) shall be promptly disseminated to the armed force concerned upon confirmation by the Senate.”

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.

§14112 Dissemination of names of officers selected