Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 36— PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter I— SELECTION BOARDS › § 616
Selection boards must pick and recommend the officers they think are best qualified for promotion. They must weigh the service’s need for officers with special skills using the guidelines given to the board. A board can recommend some officers who are below the normal promotion zone, but normally no more than 10 percent of the number the board can promote in that category. The Secretary of Defense may allow up to 15 percent if needed. If that cap is less than one person, the board may still recommend one. A recommendation only counts if a majority of board members vote for it, a majority say the officer is fully qualified, and a majority, after reviewing any negative information, say the officer is among the best choices and meets the required standard of exemplary conduct. Except where the law says otherwise, active-duty officers can be promoted only after board consideration and recommendation. A board’s total promotions are normally limited to 95 percent of those in the promotion zone. The Secretary may allow a larger number below 100 percent for medical and dental officers going to major or lieutenant commander to keep medical readiness. From January 1, 2025, through December 31, 2030, a similar rule applies for nurse officers for those ranks. Board recommendations are confidential under Defense rules and cannot be shared outside the board until each member signs the written report. The Secretary or any officer in charge may not punish or try to improperly influence a board or its members. When allowed by the Secretary, a board can also mark officers of particular merit to be placed higher on the promotion list; those placements must meet the board’s voting rules or any alternative rule given in advance.
Full Legal Text
Armed Forces — Source: USLM XML via OLRC
Legislative History
Reference
Citation
10 U.S.C. § 616
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60