Title 10 — Armed ForcesRelease 119-73
§618 Action on reports 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 › § 618
Summary
The Secretary of the military department must check every selection board report to make sure the board followed the law, the service rules, and any written instructions it was given. If the Secretary finds a problem, the report is sent back to the board with a written reason so the board can fix it and send it again. If the board looked at officers who serve or served on the Joint Staff or are joint-qualified, the Secretary must also send the report to the Chairman of the Joint Chiefs. The Chairman will check whether the board followed Defense Department guidance about giving fair weight to those officers and will return the report with comments. If the Chairman finds a problem, the Secretary can send the report back to the board, set up a special board, or take other steps. If the Secretary and the Chairman keep disagreeing, the Secretary must explain the disagreement when sending the report up. After final review, the Secretary sends the report and recommendations to the Secretary of Defense to go to the President. The Secretary of Defense should try to resolve any disputes before sending the report to the President. Only the President can remove a name from a promotion report, except for promotions below brigadier general or rear admiral (lower half), where the Secretary or Deputy Secretary of Defense can also remove a name. The Secretary of Defense must tell the congressional defense committees within 30 days and before sending a promotion list to the Senate whenever a name is removed for reasons other than misconduct. Names of promotable officers are released to the service either when the report is sent to the President, when the President approves it (for grades above colonel or Navy captain), or promptly after the Senate confirms promotions. If a removal recommendation uses information the board never saw, the officer must be given that information and a fair chance to respond; if the information is classified, the officer should get a usable summary when possible.
Full Legal Text
Title 10, §618
Armed Forces — Source: USLM XML via OLRC
(a)(1)Upon receipt of the report of a selection board submitted to him under section 617(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 615(b) of this title. Following such review, unless the Secretary concerned makes a determination as described in paragraph (2), the Secretary shall submit the report as required by subsection (b) or (c), as appropriate.
(2)If, on the basis of a review of the report under paragraph (1), 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 615(b) 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 paragraph, the selection board (or a subsequent selection board convened under section 611(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 617 of this title.
(b)(1)After completing the requirements of subsection (a), the Secretary concerned, in the case of the report of a selection board that considered officers who are serving on, or have served on, the Joint Staff or are joint qualified officers, shall submit the report to the Chairman of the Joint Chiefs of Staff.
(2)The Chairman, in accordance with guidelines furnished to the Chairman by the Secretary of Defense, shall review the report for the purpose of determining if—
(A)the selection board acted consistent with the guidelines of the Secretary of Defense under section 615(c) of this title to ensure that selection boards give appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers; and
(B)the selection board otherwise gave appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers.
(3)After reviewing the report, the Chairman shall return the report, with his determinations and comments, to the Secretary concerned.
(4)If the Chairman determines that the board acted contrary to the guidelines of the Secretary of Defense under section 615(c) of this title or otherwise failed to give appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers, the Secretary concerned may—
(A)return the report, together with the Chairman’s determinations and comments, to the selection board (or a subsequent selection board convened under section 611(a) of this title for the same grade and competitive category) for further proceedings in accordance with subsection (a);
(B)convene a special selection board in the manner provided for under section 628 of this title; or
(C)take other appropriate action to satisfy the concerns of the Chairman.
(5)If, after completion of all actions taken under paragraph (4), the Secretary concerned and the Chairman remain in disagreement with respect to the report of a selection board, the Secretary concerned shall indicate such disagreement, and the reasons for such disagreement, as part of his transmittal of the report of the selection board to the Secretary of Defense under subsection (c). Such transmittal shall include any comments submitted by the Chairman.
(c)(1)After his final review of the report of a selection board, the Secretary concerned shall submit the report, with his recommendations thereon, to the Secretary of Defense for transmittal to the President for his approval or disapproval. The Secretary of Defense shall, before transmitting the report of a selection board to the President, take appropriate action to resolve any disagreement between the Secretary concerned and the Chairman transmitted to him under subsection (b)(5). If the authority of the President under this paragraph to approve or disapprove the report of a selection board is delegated to the Secretary of Defense, it may not be redelegated except to an official in the Office of the Secretary of Defense.
(2)If the report of a selection board names an officer as having a record which indicates that the officer should be required to show cause for his retention on active duty, the Secretary concerned may provide for the review of the record of that officer as provided for under regulations prescribed under section 1181 of this title.
(d)(1)Except as provided in paragraph (2), the name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President.
(2)In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense.
(3)The Secretary of Defense shall notify the congressional defense committees of the removal of the name of an officer from the report of a selection board by the President or the Secretary or Deputy Secretary of Defense under paragraph (1) or paragraph (2), respectively, for any reason other than misconduct—
(A)not later than 30 days after the name of an officer is removed; and
(B)prior to submission to the Senate of a promotion list with respect to such report pursuant to section 624(c) of this title.
(e)(1)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:
(A)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.
(B)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.
(C)In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated upon confirmation by the Senate.
(2)A list of names of officers disseminated under paragraph (1) may not include—
(A)any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of subparagraph (B) of such paragraph; or
(B)the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of subparagraph (C) of such paragraph.
[(f)Repealed. Pub. L. 109–364, div. A, title V, § 547(a)(2), Oct. 17, 2006, 120 Stat. 2216.]
(g)If the Secretary of a military department or the Secretary of Defense makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2025—Subsec. (d)(3). Pub. L. 119–60 added par. (3). 2011—Subsec. (b)(1). Pub. L. 111–383, § 522(c)(1), substituted “are serving on, or have served on, the Joint Staff or are joint qualified officers” for “are serving, or have served, in joint duty assignments”. Subsec. (b)(2). Pub. L. 111–383, § 522(c)(2), substituted “of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers” for “in joint duty assignments of officers who are serving, or have served, in such assignments” in subpars. (A) and (B). Subsec. (b)(4). Pub. L. 111–383, § 522(c)(3), substituted “who are serving on, or have served on, the Joint Staff or are joint qualified officers” for “in joint duty assignments” in introductory provisions. 2006—Subsec. (d). Pub. L. 109–364, § 513(a), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the name” for “The name”, and added par. (2). Subsec. (f). Pub. L. 109–364, § 547(a)(2), struck out subsec. (f) which read as follows: “Except as authorized or required by this section, proceedings of a selection board convened under section 611(a) of this title may not be disclosed to any person not a member of the board.” 2000—Subsec. (e). Pub. L. 106–398 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Upon approval by the President of the report of a selection board, the names of the officers recommended for promotion by the selection board (other than any name removed by the President) may be disseminated to the armed force concerned. If such names have not been sooner disseminated, such 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.” 1992—Subsec. (a)(1), (2). Pub. L. 102–484, § 1052(8), substituted “section 615(b)” for “section 615(a)”. Subsec. (b)(2)(A), (4). Pub. L. 102–484, § 1052(9), substituted “section 615(c)” for “section 615(b)”. 1991—Subsec. (g). Pub. L. 102–190 added subsec. (g). 1988—Subsec. (a). Pub. L. 100–456, § 501(d)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “If, after reviewing the report of a selection board submitted to him under section 617(a) of this title, the Secretary of the military department concerned determines that the board has acted contrary to law or regulation, the Secretary shall return the report 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 611(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 and shall resubmit the report, as revised, to the Secretary in accordance with section 617 of this title.” Subsec. (c)(1). Pub. L. 100–456, § 501(d)(2), struck out “, modification,” after “for his approval” and inserted at end “If the authority of the President under this paragraph to approve or disapprove the report of a selection board is delegated to the Secretary of Defense, it may not be redelegated except to an official in the Office of the Secretary of Defense.” 1986—Subsec. (b). Pub. L. 99–433, § 402(c)(1), (2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 99–433, § 402(c)(1), (3), redesignated subsec. (b) as (c) and in par. (1) inserted provisions directing the Secretary of Defense, before transmitting the report, to take appropriate action to resolve any disagreement between the Secretary concerned and the Chairman. Former subsec. (c) redesignated (d). Subsecs. (d) to (f). Pub. L. 99–433, § 402(c)(1), redesignated subsecs. (c) to (e) as (d) to (f), respectively. 1984—Subsec. (b)(2). Pub. L. 98–525 substituted “If the report of a selection board names an officer as having a record which indicates that the officer should be required to show cause for his retention on active duty, the Secretary concerned may provide for the review of the record of that officer as provided for under
Regulations
prescribed under section 1181 of this title” for “The Secretary concerned may submit to a board of officers convened under section 1181 of this title the name of any officer who is named in the report of a selection board as having a record which indicates that the officer should be required to show cause for his retention on active duty”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2006 Amendment Pub. L. 109–364, div. A, title V, § 513(c), Oct. 17, 2006, 120 Stat. 2185, provided that: “The
Amendments
made by this section [amending this section and section 14111 of this title] shall apply with respect to selection boards convened on or after the date of the enactment of this Act [Oct. 17, 2006].”
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
of 1986 AmendmentAmendment by Pub. L. 99–433 effective with respect to selection boards convened under section 611(a) of this title after end of 120-day period beginning on Oct. 1, 1986, see section 406(f) of Pub. L. 99–433, set out as a note under section 612 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.
Executive Documents
Delegation of Functions Functions of President under subsec. (b)(1) to approve, modify, or disapprove report of a selection board delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§ 1(a), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President. Nothing in section 1 of Ex. Ord. No. 12396 deemed to delegate authority vested in President by subsec. (c) of this section to remove a name from a selection board report, see section 1(g) of Ex. Ord. No. 12396.
Reference
Citations & Metadata
Citation
10 U.S.C. § 618
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73