PRIA, Government Policy, Made Personal

Summary

Selection boards held under sections 573, 611, 628, or 20211 must keep their meetings secret from anyone who is not a board member, except when needed to handle the board’s report. That secrecy is a legal exception to public-record rules (5 U.S.C. 552(b)(3)). What board members say, write, or record is protected: it cannot be forced into court, used as evidence, or used in any legal or administrative case unless the Secretary of the military department involved gives permission. This rule covers all such boards, no matter when they met.

Title 10, §613a

Armed Forces, Source: USLM XML via OLRC

(a)Prohibition on Disclosure.—

The proceedings of a selection board convened under section 573, 611, 628, or 20211 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 573, 611, 628, or 20211 of this title, regardless of the date on which the board was convened.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsecs. (a), (c). Pub. L. 118–31 substituted “573, 611, 628, or 20211” for “573, 611, or 628”. 2011—Subsec. (a). Pub. L. 111–383, § 503(a)(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 611 this title may not be disclosed to any person not a member of the board.” Subsec. (b). Pub. L. 111–383, § 503(a)(2), substituted “Notes, and Records” for “and Records” in heading. Subsec. (c). Pub. L. 111–383, § 503(a)(3), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 109–364, div. A, title V, § 547(c), Oct. 17, 2006, 120 Stat. 2216, provided that: “Section 613a of title 10, United States Code, as added by subsection (a), shall apply with respect to the proceedings of all selection boards convened under section 611 of that title, including selection boards convened before the date of the enactment of this Act [Oct. 17, 2006]. section 14104 of such title, as amended by subsection (b), shall apply with respect to the proceedings of all selection boards convened under section 14101 of that title, including selection boards convened before the date of the enactment of this Act.”

§613a Nondisclosure of Board Proceedings