PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense must write one set of rules about what information promotion boards can get, and those rules must be used by all the services. A service secretary cannot add rules unless the Secretary of Defense approves in writing. Only certain kinds of information may go to a board: what is in an officer’s official personnel file, other substantiated facts that could matter, anything the officer gives the board, and short administrative summaries prepared to help the board. For officers being considered for promotion above lieutenant colonel (commander in the Navy), any credible adverse information, including substantiated findings from an investigation, must be given to the board and to each board member at the same time they review the officer’s record. For promotions up to major general (rear admiral in the Navy), that requirement can be handled by a special selection board under section 14502a. All information given to a board must be available to every member and put in the board’s record; audio or video must have a written transcript. Staff may speak orally only when needed to help the board. Information of the kinds above cannot be given to a later board unless it is put into the officer’s official file or is provided to that later board again. Before giving adverse or other non-file information to a board, the service secretary must let the officer see it and must give the officer a fair chance to respond. If the information is classified, the officer should get an appropriate summary when possible. Each service secretary must give a promotion board the number of officers the board may recommend, the names of officers to be considered, the officers’ relevant records, guidance about the service’s needs for particular skills (including any desired minimums or maximums), and any other information needed for the board to do its job. Once a board sends its report, the information and guidance given to that board cannot be changed, except when a report is sent back to the board under section 14110(a); in that case, the secretary may change or add information as part of the written explanation. When boards consider officers in health professions for promotion to grades below colonel (or captain in the Navy Reserve), they must weigh clinical skill at least as much as administrative skill.

Title 10, §14107

Armed Forces, Source: USLM XML via OLRC

(a)Integrity of the Promotion Selection Board Process.—

(1)The Secretary of Defense shall prescribe regulations governing information furnished to selection boards convened under section 14101(a) of this title. Those regulations shall apply uniformly among the military departments. Any regulations prescribed by the Secretary of a military department to supplement those regulations may not take effect without the approval of the Secretary of Defense in writing.

(2)No information concerning a particular eligible officer may be furnished to a selection board except for the following:

(A)Information that is in the officer’s official military personnel file and that is provided to the selection board in accordance with the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).

(B)Other information that is determined by the Secretary of the military department concerned, after review by that Secretary in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1), to be substantiated, relevant information that could reasonably and materially affect the deliberations of the promotion board.

(C)Subject to such limitations as may be prescribed in those regulations, information communicated to the board by the officer in accordance with this section, section 14106 of this title (including any comment on information referred to in subparagraph (A) regarding that officer), or other applicable law.

(D)A factual summary of the information described in subparagraphs (A), (B), and (C) that, in accordance with the regulations prescribed pursuant to paragraph (1) is prepared by administrative personnel for the purpose of facilitating the work of the selection board.

(3)(A)In the case of an eligible officer considered for promotion to a grade above lieutenant colonel, or, in the case of the Navy, commander, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).

(B)The standards and procedures referred to in subparagraph (A) shall require the furnishing to the selection board, and to each individual member of the board, the information described in that subparagraph with regard to an officer in a grade specified in that subparagraph at each stage or phase of the selection board, concurrent with the screening, rating, assessment, evaluation, discussion, or other consideration by the board or member of the official military personnel file of the officer, or of the officer.

(C)With respect to the consideration of an officer for promotion to a grade at or below major general or, in the Navy, rear admiral, the requirements in subparagraphs (A) and (B) may be met through the convening and actions of a special selection board with respect to the officer under section 14502a of this title.

(4)Information provided to a promotion board in accordance with paragraphs (2) and (3) shall be made available to all members of the board and shall be made a part of the record of the board. Communication of such information shall be in a written form or in the form of an audio or video recording. If a communication is in the form of an audio or video recording, a written transcription of the recording shall also be made a part of the record of the promotion board.

(5)Paragraphs (2), (3), and (4) do not apply to the furnishing of appropriate administrative processing information to the promotion board by an administrative staff designated to assist the board, but only to the extent that oral communications are necessary to facilitate the work of the board.

(6)Information furnished to a promotion board that is described in subparagraph (B), (C), or (D) of paragraph (2), or in paragraph (3), may not be furnished to a later promotion board unless—

(A)the information has been properly placed in the official military personnel file of the officer concerned; or

(B)the information is provided to the later selection board in accordance with paragraph (2) or (3), as applicable.

(7)(A)Before information described in paragraph (2)(B) or (3) regarding an eligible officer is furnished to a selection board, the Secretary of the military department concerned shall ensure—

(i)that such information is made available to such officer; and

(ii)that the officer is afforded a reasonable opportunity to submit comments on that information to the promotion board.

(B)If an officer cannot be given access to the information referred to in subparagraph (A) because of its classification status, the officer shall, to the maximum extent practicable, be furnished an appropriate summary of the information.

(b)Information To Be Furnished.—

The Secretary of the military department concerned shall furnish to a promotion board convened under section 14101(a) of this title the following:

(1)In the case of a mandatory promotion board, the maximum number (as determined in accordance with section 14307 of this title) of officers in each competitive category under consideration that the board is authorized to recommend for promotion to the next higher grade.

(2)The name of each officer in each competitive category under consideration who is to be considered by the board for promotion.

(3)The pertinent records (as determined by the Secretary) of each officer whose name is furnished to the board.

(4)Information or guidelines relating to the needs of the armed force concerned for officers having particular skills, including (except in the case of a vacancy promotion board) guidelines or information relating to either a minimum number or a maximum number of officers with particular skills within a competitive category.

(5)Such other information or guidelines as the Secretary concerned may determine to be necessary to enable the board to perform its functions.

(c)Limitation on Modifying Furnished Information.—

Information or guidelines furnished to a selection board under subsection (a) may not be modified, withdrawn, or supplemented after the board submits its report to the Secretary of the military department concerned pursuant to section 14109(a) of this title. However, in the case of a report returned to a board pursuant to section 14110(a) of this title for further proceedings because of a determination by the Secretary of the military department concerned that the board acted contrary to law, regulation, or guidelines, the Secretary may modify, withdraw, or supplement such information or guidelines as part of a written explanation to the board as provided in that section.

(d)Officers in Health-Professions Competitive Categories.—

The Secretary of each military department, under uniform regulations prescribed by the Secretary of Defense, shall include in guidelines furnished to a promotion board convened under section 14101(a) of this title that is considering officers in a health-professions competitive category for promotion to a grade below colonel or, in the case of officers of the Navy Reserve, captain, a direction that the board give consideration to an officer’s clinical proficiency and skill as a health professional to at least as great an extent as the board gives to the officer’s administrative and management skills.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in subsec. (b) of this section were contained in section 5895 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).

Amendments

2021—Subsec. (a)(3)(A). Pub. L. 116–283, § 505(d)(2), which directed amendment of subpar. (A) by substituting “lieutenant colonel, or, in the case of the Navy, commander” for “colonel, or, in the case of the Navy, captain”, was executed by making the substitution for “colonel or, in the case of the Navy, captain” to reflect the probable intent of Congress. Pub. L. 116–283, § 505(d)(1), designated existing provisions of par. (3) as subpar. (A). Subsec. (a)(3)(B), (C). Pub. L. 116–283, § 505(d)(3), added subpars. (B) and (C). 2006—Subsec. (a)(3). Pub. L. 109–163, § 506(b)(1)(B), added par. (3). Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 109–163, § 506(b)(1)(A), (2)(A), redesignated par. (3) as (4) and substituted “paragraphs (2) and (3)” for “paragraph (2)”. Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 109–163, § 506(b)(1)(A), (2)(B), redesignated par. (4) as (5) and substituted “, (3), and (4)” for “and (3)”. Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 109–163, § 506(b)(1)(A), (2)(C)(i), redesignated par. (5) as (6) and inserted “, or in paragraph (3),” after “paragraph (2)” in introductory provisions. Former par. (6) redesignated (7). Subsec. (a)(6)(B). Pub. L. 109–163, § 506(b)(2)(C)(ii), inserted “or (3), as applicable” after “paragraph (2)”. Subsec. (a)(7). Pub. L. 109–163, § 506(b)(1)(A), redesignated par. (6) as (7). Subsec. (a)(7)(A). Pub. L. 109–163, § 506(b)(2)(D), inserted “or (3)” after “paragraph (2)(B)”. Subsec. (d). Pub. L. 109–163, § 515(b)(1)(QQ), substituted “Navy Reserve” for “Naval Reserve”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by section 506(b) of Pub. L. 109–163 effective Oct. 1, 2006, and applicable with respect to promotion selection boards convened on or after that date, see section 506(c) of Pub. L. 109–163, set out as a note under section 615 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.

§14107 Information Furnished by the Secretary Concerned to Promotion Boards

Summary

Title 10, §14107

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata