§14111 Reports of Selection Boards: Transmittal to President

Summary

After a promotion board finishes and the military department Secretary reviews its report, the Secretary must send the report and recommendations to the Secretary of Defense, who forwards it to the President to approve or disapprove. If the President gives that approval power to the Secretary of Defense, it cannot be passed on except to someone in the Office of the Secretary of Defense. 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 of Defense or the Deputy Secretary can also remove a name. If a Secretary or the Secretary of Defense asks that a name be removed and uses information the board never saw, that information must be given to the officer. The officer must get a fair chance to answer the new information to the officials who made and reviewed the recommendation. If the officer cannot see the information because it is classified, they must be given an appropriate summary of it to the maximum extent practicable. The Secretary of Defense must tell the congressional defense committees when a name is removed for reasons other than misconduct, no later than 30 days after removal and before the promotion list is sent to the Senate under section 12203.