§14112 — Title 10 Armed Forces | U.S. Code

Summary

Controls when the military can share names of officers picked for promotion. For officers chosen for ranks below brigadier general or rear admiral (lower half), names can be shared when the selection report is sent to the President or any time after that. For officers chosen for ranks above colonel (or captain in the Navy), names can be shared when the President approves the report or any time after that. If names were not shared earlier, they must be shared quickly when the Senate confirms the promotion (if Senate confirmation is required) or when the President approves (if Senate confirmation is not required). A released list must not include any name the President removed from the selection report when the list is being shared under the rule for President approval. A list shared because of Senate confirmation must not include any officer the Senate failed to confirm.

Title 10, §14112

Armed Forces — Source: USLM XML via OLRC

(a)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:

(1)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.

(2)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.

(3)In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated—

(A)upon confirmation of the promotion of the officers by the Senate (in the case of promotions required to be submitted to the Senate for confirmation); or

(B)upon the approval of the report by the President (in the case of promotions not required to be submitted to the Senate for confirmation).

(b)A list of names of officers disseminated under subsection (a) may not include—

(1)any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of paragraph (2) or (3)(B) of that subsection; or

(2)the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of paragraph (3)(A) of that subsection.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

2000—Pub. L. 106–398 amended text generally. Prior to amendment, text read as follows: “Upon approval by the President of the report of a promotion board, the names of the officers recommended for promotion by the promotion board (other than any name removed by the President) may be disseminated to the armed force concerned. If those names have not been sooner disseminated, those 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.”

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.

§14112 Dissemination of Names of Officers Selected