Title 10Armed ForcesRelease 119-73

§612 Composition of selection boards

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 36— - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter SUBCHAPTER I— - SELECTION BOARDS › § 612

Last updated Apr 6, 2026|Official source

Summary

Selection boards must have at least five officers from the same service as the people being reviewed. Board members must be in a higher rank than those being considered and cannot be below major or lieutenant commander. Most members should be on active duty. The board should, when possible, reflect the service’s diversity. The Secretary of the military department picks the members. If needed, the Secretary can fill spots with retired officers, reserve officers on certain kinds of active duty, or Ready Reserve members. If a competitive category has no higher-grade active-duty officers available, the board does not have to include that category, though the Secretary may appoint a qualified retired or reserve officer of that category instead. An officer cannot serve on two back-to-back boards that review the same category and grade. If a board will consider someone who served on the Joint Staff or is a joint-qualified officer, it must include at least one joint-qualified officer named by the Chairman of the Joint Chiefs of Staff, unless the Secretary of Defense waives that for Marine Corps boards, Space Force boards, or boards for certain specialties. A retired general or flag officer called to active duty just to serve on a board does not count against the limit on how many generals or flag officers can be on active duty.

Full Legal Text

Title 10, §612

Armed Forces — Source: USLM XML via OLRC

(a)(1)Members of selection boards shall be appointed by the Secretary of the military department concerned in accordance with this section. A selection board shall consist of five or more officers of the same armed force as the officers under consideration by the board. Each member of a selection board (except as provided in paragraphs (2), (3), and (4)) shall be an officer on the active-duty list. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major or lieutenant commander. The members of a selection board shall represent the diverse population of the armed force concerned to the extent practicable.
(2)(A)Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.
(B)A selection board need not include an officer from a competitive category to be considered by the board when there are no officers of that competitive category on the active-duty list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. However, in such a case the Secretary of the military department concerned, in his discretion, may appoint as a member of the board an officer of that competitive category who is not on the active-duty list from among officers of the same armed force as the officers under consideration by the board who hold a higher grade than the grade of the officers under consideration and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.
(3)When reserve officers of an armed force are to be considered by a selection board, the membership of the board shall include at least one reserve officer of that armed force on active duty (whether or not on the active-duty list). The actual number of reserve officers shall be determined by the Secretary of the military department concerned, in the Secretary’s discretion. Notwithstanding the first sentence of this paragraph, in the case of a board which is considering officers in the grade of colonel or brigadier general or, in the case of officers of the Navy, captain or rear admiral (lower half), no reserve officer need be included if there are no reserve officers of that armed force on active duty in the next higher grade who are eligible to serve on the board.
(4)Except as provided in paragraphs (2) and (3), if qualified officers on the active-duty list are not available in sufficient number to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board officers who are members of the same armed force and hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.
(5)A retired general or flag officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
(b)No officer may be a member of two successive selection boards convened under section 611(a) of this title for the consideration of officers of the same competitive category and grade.
(c)(1)Each selection board convened under section 611(a) of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer.
(2)Paragraph (1) applies with respect to an officer who—
(A)is serving on, or has served on, the Joint Staff; or
(B)is a joint qualified officer.
(3)The Secretary of Defense may waive the requirement in paragraph (1) in the case of—
(A)any selection board of the Marine Corps or the Space Force; or
(B)any selection board that is considering officers in specialties identified in paragraph (2) or (3) of section 619a(b) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (c)(3)(A). Pub. L. 118–159 inserted “or the Space Force” after “of the Marine Corps”. 2021—Subsec. (a)(1). 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.” 2011—Subsec. (c). Pub. L. 111–383 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Each selection board convened under section 611(a) of this title that will consider officers who are serving in, or have served in, joint duty assignments shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is currently serving in a joint duty assignment. The Secretary of Defense may waive the preceding sentence in the case of any selection board of the Marine Corps.” 2000—Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title V, § 504(a)(1)], struck out “who are on the active-duty list” after “five or more officers” in second sentence and inserted after second sentence “Each member of a selection board (except as provided in paragraphs (2), (3), and (4)) shall be an officer on the active-duty list.” Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 504(a)(2)], substituted “of that armed force on active duty (whether or not on the active-duty list). The actual number of reserve officers shall be” for “of that armed force, with the exact number of reserve officers to be” and “the Secretary’s discretion. Notwithstanding the first sentence of this paragraph,” for “his discretion, except that”. 1986—Subsec. (c). Pub. L. 99–433 added subsec. (c). 1985—Subsec. (a)(3). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”. 1981—Subsec. (a)(2). Pub. L. 97–22, § 4(a)(1), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), a selection board” for “A selection board”, and added subpar. (B). Subsec. (a)(3). Pub. L. 97–86 substituted “commodore” for “commodore admiral”. Pub. L. 97–22, § 4(a)(2), inserted “, with the exact number of reserve officers to be determined by the Secretary of the military department concerned in his discretion” after “at least one reserve officer of that armed force” and inserted “who are eligible to serve on the board” after “the next higher grade”. Subsec. (a)(4). Pub. L. 97–22, § 4(a)(3), substituted “Except as provided in paragraphs (2) and (3)” for “Except as provided in paragraph (3)” and “officers who are members of the same armed force and hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve” for “retired officers of the same armed force who hold a retired grade higher than the grade of the officers under consideration by the board” and designated as par. (5) provisions that retired general or flag officers on active duty for the purpose of serving on a selection board not be counted against any limitation on the number of general and flag officers who may be on active duty. Subsec. (a)(5). Pub. L. 97–22, § 4(a)(3), added par. (5) consisting of provisions, formerly contained in par. (4). Subsec. (b). Pub. L. 97–22, § 4(a)(4), inserted “convened under section 611(a) of this title” after “selection boards”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 Amendment Pub. L. 106–398, § 1 [[div. A], title V, § 504(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102, provided that: “The

Amendments

made by subsection (a) [amending this section] shall apply to any selection board convened under section 611(a) of title 10, United States Code, on or after August 1, 1981.”

Effective Date

of 1986 Amendment Pub. L. 99–433, title IV, § 406(f), Oct. 1, 1986, 100 Stat. 1034, provided that: “The

Amendments

made by section 402 [amending this section and section 615 and 618 of this title] shall take effect with respect to selection boards convened under section 611(a) of title 10, United States Code, after the end of the 120-day period beginning on the date of the enactment of this Act [Oct. 1, 1986].”

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

Effective Date

of 1980 Amendment note under section 101 of this title. Authority To Waive Prohibition on Officers Serving on Successive Selection Boards for Boards To Consider Officers for Promotion to Major General or Rear Admiral Pub. L. 119–60, div. A, title V, § 507, Dec. 18, 2025, 139 Stat. 859, provided that: “Under

Regulations

prescribed by the Secretary of Defense, the Secretary of a military department may, during the three-year period following the date of the enactment of this Act [Dec. 18, 2025], waive the limitation in section 612(b)(1) [probably should be “612(b)”] of title 10, United States Code, in the case of a selection board that will consider officers for recommendation for promotion to the grade of major general or rear admiral if the Secretary of the military department determines that qualified officers on the active-duty list or Space Force officer list or otherwise authorized to serve on the board are not available in sufficient number to comprise that selection board.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 612

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73