§5898. Action on reports of selection boards

(a) If, after reviewing the report of a selection board submitted under section 5897 of this title, the Secretary of the Navy determines that the board has acted contrary to law or regulation, the Secretary shall return the report to the board for further proceedings. Upon receipt of a report returned by the Secretary under this subsection, the selection board (or a subsequent selection board convened under this chapter for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report and shall resubmit the report, as revised, to the Secretary in accordance with section 5897 of this title.

(b) The Secretary of the Navy shall, after final review of the report, submit it, together with the Secretary's recommendations, to the Secretary of Defense for transmittal to the President for approval, modification, or disapproval.

(c) The name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President. Such action may be taken at any time before the promotion of the officer.

(d) Upon approval by the President of the report of a selection board, the names of the officers recommended for promotion by the selection 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.

(e) Except as authorized or required by this section, proceedings of a selection board convened under this chapter may not be disclosed to any person not a member of the board.

(Added Pub. L. 99–661, div. A, title V, §507(a), Nov. 14, 1986, 100 Stat. 3865 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

Prior Provisions

A prior section 5898, added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1503 ; amended Pub. L. 96–513, title V, §503(34), Dec. 12, 1980, 94 Stat. 2914 ; Pub. L. 97–22, §10(b)(10)(B), July 10, 1981, 95 Stat. 137 , related to submission of reports of selection boards to the President, prior to repeal by Pub. L. 99–661, §507(a).

Effective Date

Section applicable to selection boards convened on or after Nov. 14, 1986, see section 507(c) of Pub. L. 99–661, set out as a note under section 5896 of this title.

Ex. Ord. No. 12605. Navy and Marine Corps Reserve Officer Promotions

Ex. Ord. No. 12605, Aug. 12, 1987, 52 F.R. 30325, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 301 of Title 3 of the United States Code, and in order to delegate certain functions concerning the promotion of commissioned officers of the Naval Reserve and the Marine Corps Reserve, it is hereby ordered as follows:

Section 1. The function vested in the President by Section 5898(b) of Title 10 of the United States Code to approve, modify, or disapprove the report of a Naval Reserve or Marine Corps Reserve selection board is delegated to the Secretary of Defense. Nothing in this Section shall be deemed to delegate the authority vested in the President by Section 5898(c) of Title 10 of the United States Code to remove a name from a selection board report.

Sec. 2. The function delegated to the Secretary of Defense by this Order may be redelegated to the Deputy Secretary of Defense, any of the Assistant Secretaries of Defense, and the Secretary of the Navy who may further subdelegate such authority to subordinates who are appointed to their office by the President, by and with the advice and consent of the Senate.

Sec. 3. With respect to the functions delegated by this Order, all prior actions taken for or on behalf of the President that would have been valid if taken pursuant to this Order are ratified.

Ronald Reagan.      

Section Referred to in Other Sections

This section is referred to in section 123 of this title.