Title 10Armed ForcesRelease 119-73

§616 Recommendations for promotion by 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 › § 616

Last updated Apr 6, 2026|Official source

Summary

Selection boards must pick the officers they think are best qualified for promotion. They must pay attention to the service’s needs for particular skills. A board can only recommend an officer if most members vote for it, most members say the officer is fully qualified, and most members decide the officer is among the best after reviewing any negative information and checking the rules about exemplary conduct in sections 7233, 8167, or 9233. Except where another law applies, an officer on active duty cannot be promoted under this chapter unless a selection board has considered and recommended them. The Secretary of each military department sets how many officers the board may pick from below the promotion zone. That number cannot be more than 10 percent of the board’s normal promotion total, unless the Secretary of Defense allows up to 15 percent. If that calculation is less than one, the board may recommend one officer from below the zone. The board’s picks normally cannot exceed 95 percent of those in the promotion zone. The Secretary may allow a larger share—still under 100 percent—for medical and dental officers going to major or lieutenant commander if needed for medical readiness. From January 1, 2025, through December 31, 2030, the Secretary may allow a larger share for nurse officers going to major or lieutenant commander if needed for medical readiness. Board recommendations are kept secret until the board’s written report is signed. The Secretary who convenes a board, and any officer with authority over board members, may not punish, pressure, or try to improperly influence the board. When allowed, a board can also name certain officers of particular merit to be placed higher on the promotion list and must give the recommended order for those officers.

Full Legal Text

Title 10, §616

Armed Forces — Source: USLM XML via OLRC

(a)A selection board convened under section 611(a) of this title shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving 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 615(b) of this title), considers best qualified for promotion within each competitive category considered by the board.
(b)The Secretary of the military department concerned shall establish the number of officers such a selection board may recommend for promotion from among officers being considered from below the promotion zone in any competitive category. Such number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category, except that the Secretary of Defense may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary of Defense determines that the needs of the service so require. If the number determined under this subsection is less than one, the board may recommend one such officer. The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers which the board is authorized under section 615 of this title to recommend for promotion.
(c)A selection board convened under section 611(a) of this title may not recommend an officer for promotion unless—
(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 promotion; and
(3)a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under section 615 of this title, finds that the officer is among the officers best qualified for promotion 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.
(d)(1)Subject to paragraph (2), the number of officers recommended for promotion by a selection board convened under section 611(a) of this title may not exceed the number equal to 95 percent of the number of officers included in the promotion zone established under section 623 of this title for consideration by the board, except, the Secretary concerned may authorize a greater number of officers so recommended that is less than 100 percent of the number of officers so included, for medical and dental officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness.
(2)During the period beginning on January 1, 2025, and ending on December 31, 2030, the number of officers recommended for promotion by a selection board convened under section 611(a) of this title may not equal or exceed 100 percent of the number of officers included in the promotion zone established under section 623 of this title for consideration by the board, for nurse officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness.
(e)Except as otherwise provided by law, an officer on the active-duty list may not be promoted to a higher grade under this chapter unless he is considered and recommended for promotion to that grade by a selection board convened under this chapter.
(f)The recommendations of a selection board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a person not a member of the board (or a member of the administrative staff designated by the Secretary concerned to assist the board) until the written report of the recommendations of the board, required by section 617 of this title, is signed by each member of the board.
(g)The Secretary convening a selection board under section 611(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 selection 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 unauthorized means, influence any action of a selection board or any member of a selection board in the formulation of the board’s recommendations.
(h)(1)In selecting the officers to be recommended for promotion, a selection board shall, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title.
(2)An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 615 of this title.
(3)For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend, pursuant to guidelines and procedures prescribed by the Secretary concerned, the order in which those officers should be placed on the list.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (d). Pub. L. 118–159 designated existing provisions as par. (1), substituted “Subject to paragraph (2), the number” for “The number”, and added par. (2). 2023—Subsec. (d). Pub. L. 118–31 inserted before period at end “, except, the Secretary concerned may authorize a greater number of officers so recommended that is less than 100 percent of the number of officers so included, for medical and dental officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness”. 2021—Subsec. (h)(1). Pub. L. 116–283, § 504(a)(1), substituted “shall” for “may” and inserted “pursuant to guidelines and procedures prescribed by the Secretary,” after “officers of particular merit,”. Subsec. (h)(3). Pub. L. 116–283, § 504(a)(2), inserted “, pursuant to guidelines and procedures prescribed by the Secretary concerned,” after “shall recommend”. 2019—Subsecs. (d) to (h). Pub. L. 116–92 added subsec. (d) and redesignated former subsecs. (d) to (g) as (e) to (h), respectively. 2018—Subsec. (c)(3). Pub. L. 115–232, § 809(a), substituted “section 7233, 8167, or 9233” for “section 3583, 5947, or 8583”. Subsec. (g). Pub. L. 115–232, § 504(a), added subsec. (g). 2006—Subsec. (c)(3). Pub. L. 109–364 added par. (3). 1992—Pub. L. 102–484 substituted “section 615(b)” for “section 615(a)”. 1991—Subsecs. (e), (f). Pub. L. 102–190 added subsecs. (e) and (f). 1988—Subsec. (a). Pub. L. 100–456 inserted “(as noted in the guidelines or information furnished the board under section 615(a) of this title)” after “particular skills”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 Amendment Pub. L. 116–283, div. A, title V, § 504(b), Jan. 1, 2021, 134 Stat. 3565, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 1, 2021], and shall apply with respect to officers recommended for promotion by promotion selection boards convened on or after that date.”

Effective Date

of 2019 Amendment Pub. L. 116–92, div. A, title V, § 503(b), Dec. 20, 2019, 133 Stat. 1344, provided that: “The

Amendments

made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 20, 2019], and shall apply with respect to consideration by promotion selection boards convened under section 611(a) of title 10, United States Code, of promotion zones that are established under section 623 of that title on or after that date.”

Effective Date

of 2018 AmendmentAmendment by section 809(a) of 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 Pub. L. 109–364, div. A, title V, § 512(c), Oct. 17, 2006, 120 Stat. 2184, provided that: “The

Amendments

made by this section [amending this section and section 14108 of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 2006] and shall apply with respect to selection boards convened on or after that date.”

Effective Date

of 1991 AmendmentAmendment by Pub. L. 102–190 applicable to selection boards convened under section 611(a) of this title after end of 60-day period beginning Dec. 5, 1991, see section 504(e) of Pub. L. 102–190, set out as a note under section 615 of this title.

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–456 effective 60 days after Sept. 29, 1988, and applicable with respect to selection boards convened under section 611(a) of this title on or after that

Effective Date

, see section 501(e) of Pub. L. 100–456, set out as a note under section 615 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 616

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73