Title 10 › 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 recommend the officers they think are best qualified for promotion in each group, and they must consider the service’s need for officers with special skills shown in the guidelines or information given to the board under section 615(b). The Secretary of the military department decides how many officers from below the promotion zone the board may recommend. That number may not be more than 10% of the board’s maximum for that group, unless the Secretary of Defense approves up to 15%. If 10% would be less than one officer, the board may recommend one. Those below-zone picks do not raise the board’s overall promotion limit under section 615. A board cannot recommend an officer unless a majority of members vote to recommend the officer, a majority find the officer fully qualified, and a majority — after reviewing any negative information given under section 615 — find the officer among the best qualified to meet the service’s needs and consistent with the conduct standards in sections 7233, 8167, or 9233, as applicable. Normally a board may not recommend more than 95% of the officers in the promotion zone. The Secretary may allow a higher number, but less than 100%, for medical and dental officers being promoted to major or lieutenant commander when needed for medical readiness. From January 1, 2025, through December 31, 2030, the same limit applies to nurse officers for those ranks if needed for medical readiness. Except where another law says otherwise, an active-duty officer cannot be promoted under this chapter unless a selection board considered and recommended them. Board recommendations are confidential and may be released only under Secretary of Defense rules and not to outsiders until the board’s written report is signed by every member. The Secretary who convenes the board, and any official with authority over a board member, must not punish, pressure, or improperly influence the board or its members. When the Secretary allows it, the board may recommend certain officers as having particular merit to be placed higher on the promotion list; such placements must meet the board’s voting rule (a majority unless the Secretary gives a different rule) and the board must also recommend the order for those officers.
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
Aug 21, 2026
Release point: 119-102