PRIA, Government Policy, Made Personal

Summary

Selection boards held under 10 U.S.C. 14101 or 14502 must be kept private. People who are not board members may not see the proceedings, except when needed to handle the board’s report. That privacy is an official exemption under 5 U.S.C. 552(b)(3). What boards say or write — their discussions, notes, and records — cannot be forced out by subpoenas or other court orders, cannot be used as evidence, and cannot be used in any court or government case unless the Secretary of the military department involved gives permission. This rule covers all such boards, no matter when they met.

Title 10, §14104

Armed Forces, Source: USLM XML via OLRC

(a)Prohibition on Disclosure.—

The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.

(b)Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—

The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—

(1)are immune from legal process;

(2)may not be admitted as evidence; and

(3)may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.

(c)Applicability.—

This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

2011—Subsec. (a). Pub. L. 111–383, § 503(c)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.” Subsec. (b). Pub. L. 111–383, § 503(c)(2), substituted “Notes, and Records” for “and Records” in heading. Subsec. (c). Pub. L. 111–383, § 503(c)(3), added subsec. (c). 2006—Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, text read as follows: “Except as otherwise authorized or required by law, the proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentThis section, as amended by Pub. L. 109–364, applicable with respect to the proceedings of all selection boards convened under section 14101 of this title, including selection boards convened before Oct. 17, 2006, see section 547(c) of Pub. L. 109–364, set out as an

Effective Date

note under section 613a of this title.

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.

§14104 Nondisclosure of Board Proceedings

Summary

Title 10, §14104

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata