§14109 — Title 10 Armed Forces | U.S. Code

Summary

Each promotion board under section 14101(a) must send the Secretary of the relevant military department a written list of the officers it recommends for promotion. Every board member must sign the report. The report must say the board carefully reviewed each officer’s record and that a majority believes the recommended officers are the best qualified to meet the force’s needs based on the guidance under section 14107. If a majority thinks a reserve officer’s record shows they should have to show cause to remain on active duty, the board must name that officer. If named, the Secretary may have the officer’s record reviewed under regulations under section 14902. When allowed under section 14108(f), the board must also say which officers it wants placed higher on the promotion list and the order to place them.

Title 10, §14109

Armed Forces — Source: USLM XML via OLRC

(a)Each promotion board convened under section 14101(a) of this title shall submit to the Secretary of the military department concerned a report in writing containing a list of the names of the officers recommended by the board for promotion. The report shall be signed by each member of the board.

(b)Each report under subsection (a) shall include a certification—

(1)that the board has carefully considered the record of each officer whose name was furnished to the board; and

(2)that, in the case of a promotion board convened under section 14101(a) of this title, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the armed force concerned (as noted in the guidelines or information furnished the board under section 14107 of this title) among those officers whose names were furnished to the selection board.

(c)(1)A promotion board convened under section 14101(a) of this title shall include in its report to the Secretary concerned the name of any reserve officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required to show cause for retention in an active status.

(2)If such a report names an officer as having a record which indicates that the officer should be required to show cause for retention, the Secretary concerned may provide for the review of the record of that officer as provided under regulations prescribed under section 14902 of this title.

(d)A promotion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) of this title, include in its report to the Secretary concerned—

(1)the names of those officers the promotion board recommends be placed higher on the promotion list; and

(2)the order in which the promotion board recommends those officers should be placed on the promotion list.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 5897 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).

Amendments

2019—Subsec. (d). Pub. L. 116–92 added subsec. (d).

Statutory Notes and Related Subsidiaries

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.

§14109 Reports of Promotion Boards: in General