PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense must make one set of rules about what information can be given to promotion selection boards under section 611(a) or 20211. Individual military departments cannot add their own rules unless the Secretary of Defense approves in writing. Boards may only get: an officer’s official personnel file as allowed by the rules; other backed-up, relevant information that the military department finds important; information the officer gives (including comments); and a short factual summary prepared by staff. If there is credible adverse information about an officer being considered for higher ranks, it must be given to the board under the rules. The higher-rank cutoffs are: for regular officers and Space Force, ranks above captain (Navy above lieutenant); for reserve officers, ranks above lieutenant colonel (Navy above commander). Each board member must get this adverse information at the same time they review the officer. For promotions at or below major general (or Navy rear admiral), a special review board under section 628a may meet these rules. All information must be in writing or audio/video with a written transcript and placed in the board’s record. Routine oral help from staff is allowed when needed. Information of certain types cannot be given to a later board unless it is put in the officer’s file or provided again under the rules. Before giving adverse or similar information to a board, the department must give the officer the information and a chance to comment; if it is classified, give a usable summary when possible. The military department must also give each board the maximum number of promotion slots under section 622, the names and records of officers to be considered, and guidance on force needs and special skills. The Secretary of Defense, with the Chairman of the Joint Chiefs of Staff, must give rules to make sure boards fairly consider officers who served on the Joint Staff or who are joint qualified. Once a board sends its report, the information and guidance it received cannot be changed, except if the report is sent back under section 618(a)(2); then the Secretary may change the guidance in a written explanation. For health-professions officers considered for promotion below colonel (or Navy captain), the board must weigh clinical skill at least as much as administrative skill.

Title 10, §615

Armed Forces, Source: USLM XML via OLRC

(a)(1)The Secretary of Defense shall prescribe regulations governing information furnished to selection boards convened under section 611(a) or 20211 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 selection 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 614(b) 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 specified in subparagraph (B), 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)A grade specified in this subparagraph is as follows:

(i)In the case of a regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant.

(ii)In the case of a reserve officer, a grade above lieutenant colonel or, in the case of the Navy, commander.

(C)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 subparagraph (B) 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.

(D)With respect to the consideration of an officer for promotion to a grade at or below major general or in the case of the Navy, rear admiral, the requirements in subparagraphs (A) and (C) may be met through the convening and actions of a special selection review board with respect to the officer under section 628a of this title.

(4)Information provided to a selection 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 selection board.

(5)Paragraphs (2), (3), and (4) do not apply to the furnishing of appropriate administrative processing information to the selection board by 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 selection board that is described in subparagraph (B), (C), or (D) of paragraph (2), or in paragraph (3), may not be furnished to a later selection 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 selection 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 with an appropriate summary of the information.

(b)The Secretary of the military department concerned shall furnish each selection board convened under section 611(a) of this title with—

(1)the maximum number, as determined in accordance with section 622 of this title, of officers in each competitive category under consideration that the board may recommend for promotion to the next higher grade;

(2)the names of all officers in each competitive category 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 guidelines or information relating to the need for either a minimum number or a maximum number of officers with particular skills within a competitive category;

(5)guidelines, based upon guidelines received by the Secretary from the Secretary of Defense under subsection (c), for the purpose of ensuring that the board gives appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers; and

(6)such other information and guidelines as may be necessary to enable the board to properly perform its functions.

(c)The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall furnish to the Secretaries of the military departments guidelines for the purpose of ensuring that each selection board convened under section 611(a) of this title gives appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers.

(d)Information or guidelines furnished to a selection board under subsection (b) may not be modified, withdrawn, or supplemented after the board submits the report to the Secretary of the military department concerned pursuant to section 617(a) of this title, except that, in the case of a report returned to a board pursuant to section 618(a)(2) 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.

(e)The Secretary of each military department, under uniform regulations prescribed by the Secretary of Defense, shall include in guidelines furnished to a selection board convened under section 611(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 the Navy, 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.

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2023—Subsec. (a)(1). Pub. L. 118–31, § 1722(b)(2)(A), inserted “or 20211” after “section 611(a)”. Subsec. (a)(3)(B)(i). Pub. L. 118–31, § 1722(b)(2)(B)(i), which directed amendment of subpar. (B) by substituting “regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant.” for “ ‘regular officer’ and all that follows”, was executed only through the end of cl. (i) of subpar. (B) by making the substitution for “regular officer, a grade above captain, in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade.” to reflect the probable intent of Congress. Subsec. (a)(3)(D). Pub. L. 118–31, § 1722(b)(2)(B)(ii), substituted “major general or” for “major general,” and struck out “or, in the case of the Space Force, the equivalent grade,” after “rear admiral,”. 2021—Subsec. (a)(3)(B)(i). Pub. L. 116–283, § 505(c)(1), substituted “, in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade” for “or, in the case of the Navy, lieutenant”. Subsec. (a)(3)(D). Pub. L. 116–283, § 505(c)(2), added subpar. (D). 2019—Subsec. (a)(3). Pub. L. 116–92 designated existing provisions as subpar. (A), substituted “a grade specified in subparagraph (B)” for “a grade above colonel or, in the case of the Navy, captain”, and added subpars. (B) and (C). 2011—Subsecs. (b)(5), (c). Pub. L. 111–383 substituted “of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers” for “in joint duty assignments of officers who are serving, or have served, in such assignments”. 2006—Subsec. (a)(3). Pub. L. 109–163, § 506(a)(1)(B), added par. (3). Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 109–163, § 506(a)(2)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”. Pub. L. 109–163, § 506(a)(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 109–163, § 506(a)(2)(B), substituted “, (3), and (4)” for “and (3)”. Pub. L. 109–163, § 506(a)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 109–163, § 506(a)(2)(C)(i), inserted “, or in paragraph (3),” after “paragraph (2)” in introductory provisions. Pub. L. 109–163, § 506(a)(1)(A), redesignated par. (5) as (6). Former par. (6) redesignated (7). Subsec. (a)(6)(B). Pub. L. 109–163, § 506(a)(2)(C)(ii), inserted “or (3), as applicable” before period at end. Subsec. (a)(7). Pub. L. 109–163, § 506(a)(1)(A), redesignated par. (6) as (7). Subsec. (a)(7)(A). Pub. L. 109–163, § 506(a)(2)(D), inserted “or (3)” after “paragraph (2)(B)” in introductory provisions. 1992—Subsec. (b)(5). Pub. L. 102–484, § 1052(7)(A), substituted “subsection (c)” for “subsection (b)”. Subsec. (d). Pub. L. 102–484, § 1052(7)(B), substituted “subsection (b)” for “subsection (a)”. 1991—Pub. L. 102–190 added subsec. (a) and redesignated former subsecs. (a) to (d) as (b) to (e), respectively. 1989—Subsec. (d). Pub. L. 101–189 added subsec. (d). 1988—Subsec. (a)(4). Pub. L. 100–456, § 501(a)(1), added cl. (4) and struck out former cl. (4) which read as follows: “information relating to the needs of the armed force concerned for officers having particular skills;”. Subsec. (c). Pub. L. 100–456, § 501(a)(2), added subsec. (c). 1986—Pub. L. 99–433 designated existing provisions as subsec. (a), added par. (5), redesignated former par. (5) as (6), and added subsec. (b).

that prohibit the inclusion of an official photograph of an enlisted member in the information furnished to a board that considers enlisted members under the jurisdiction of such Secretary for promotion.”

§615 Information Furnished to Selection Boards

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