SUBCHAPTER I—SELECTION BOARDS
Amendments
2006—
1991—
§611. Convening of selection boards
(a) Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, or Marine Corps and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under
(b) Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under
(c) The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.
(Added
Amendments
2001—Subsec. (a).
Subsec. (b).
Subsec. (c).
1985—Subsec. (a).
1981—Subsec. (a).
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter effective on Dec. 12, 1980, see section 701 of
Transition From Grade of Commodore to Grade of Rear Admiral (Lower Half)
"(1) An officer who on the day before the date of the enactment of this Act [Nov. 8, 1985] is serving in or has the grade of commodore shall as of the date of the enactment of this Act be serving in or have the grade of rear admiral (lower half).
"(2) An officer who on the day before the date of the enactment of this Act is on a list of officers selected for promotion to the grade of commodore shall as of the date of the enactment of this Act be considered to be on a list of officers selected for promotion to the grade of rear admiral (lower half)."
Transition Provisions Covering 1980 Amendments by Defense Officer Personnel Management Act [Pub. L. 96–513 ]
Parts A to C of title VI of
"Part A—Transition Provisions Relating Only to the Army and Air Force
"regular officers serving in a higher temporary grade below lieutenant general or recommended for promotion to a higher grade
"(1) is serving in a temporary grade below lieutenant general that is higher than his regular grade;
"(2) is on a list of officers recommended for promotion to a temporary grade below lieutenant general; or
"(3) is on a list of officers recommended for promotion to a regular grade higher than the grade in which he is serving;
shall be considered to have been recommended by a board convened under
"(b) An officer referred to in clause (1) of subsection (a) who is not promoted to the grade to which he is considered under such subsection to have been recommended for promotion because his name is removed from a list of officers who are considered under such subsection to have been recommended for promotion shall be considered under
"(c) Notwithstanding
"(d)(1) Any delay of a promotion of an officer referred to in clause (2) or (3) of subsection (a) that was in effect on September 14, 1981, under the laws and regulations in effect on such date shall continue in effect on and after September 15, 1981, as if such promotion had been delayed under
"(2) Any action to remove from a promotion list the name of an officer referred to in clause (2) or (3) of subsection (a) that was initiated before September 15, 1981, under the laws and regulations in effect before such date shall continue on and after such date as if such removal action had been initiated under
"reserve officers serving in a higher temporary grade below lieutenant general or recommended for promotion to a higher grade
"(A) is serving in a temporary grade below lieutenant general that is higher than his reserve grade; or
"(B) is on a list of officers recommended for promotion to a temporary grade below lieutenant general that is the same as or higher than his reserve grade;
shall be considered to have been recommended by a board convened under
"(2) Notwithstanding
"(b) A reserve officer of the Army or Air Force who on the effective date of this Act [Sept. 15, 1981]—
"(1) is subject to placement on the active-duty list of his armed force;
"(2) is serving on active duty in a temporary grade; and
"(3) either holds a reserve grade higher than the temporary grade in which he is serving or is on a list of officers recommended for promotion to a reserve grade higher than the temporary grade in which he is serving,
shall while continuing on active duty retain such temporary grade and shall be considered for promotion under
"(c)(1) Any delay of a promotion of an officer referred to in clause (B) of subsection (a)(1) that was in effect on September 14, 1981, under the laws and regulations in effect on such date shall continue in effect on and after September 15, 1981, as if such promotion has been delayed under
"(2) Any action to remove from a promotion list the name of an officer referred to in clause (B) of subsection (a)(1) that was initiated before September 15, 1981, under the laws and regulations in effect before such date shall continue on and after such date as if such removal action had been initiated under
"regular officers once failed of selection for promotion
"(1) holds the regular grade of first lieutenant, captain, or major; and
"(2) has been considered once but not recommended for promotion to the next higher regular grade by a selection board convened under the laws in effect on the day before the effective date of this Act,
shall, within one year after the effective date of this Act, be considered for promotion to the next higher regular grade by a selection board convened by the Secretary concerned under the laws in effect on the day before the effective date of this Act.
"(b)(1)(A) An officer described in subsection (a) who is recommended for promotion by the selection board which considers him pursuant to such subsection shall be considered to have been recommended for promotion to the next higher regular grade or the grade in which he is serving, whichever grade is higher, by a board convened under
"(2) An officer described in subsection (a) who is not recommended for promotion by such board shall, unless continued on active duty under section 637 of such title, as added by this Act, be retired, if eligible to retire, be discharged, or be continued on active duty until eligible to retire and then be retired, under the laws applicable on the day before the effective date of this Act [Sept. 15, 1981].
"regular officers twice failed of selection for promotion
"(1) holds the regular grade of first lieutenant, captain, or major; and
"(2) has twice failed of selection for promotion to the next higher regular grade,
shall, unless continued on active duty under
"reserve officers once failed of selection for promotion
"(1) is on active duty and subject to placement on the active-duty list of his armed force;
"(2) holds the reserve grade of first lieutenant, captain, or major; and
"(3) has been considered once but not selected for promotion to the next higher reserve grade under section 3366, 3367, 8366, or 8367 [see
shall, unless sooner promoted, be considered again for promotion to that grade by a selection board convened under section 3366, 3367, 8366, or 8367, as appropriate, of such title.
"(b)(1) An officer described in subsection (a) who is serving on active duty in a temporary grade higher than his reserve grade on the effective date of this Act [Sept. 15, 1981] and who is recommended by the selection board which considers him pursuant to such subsection for promotion to the reserve grade equivalent to the temporary grade in which he is serving on such date shall be considered as having been recommended for promotion to that reserve grade in the report of a selection board convened under
"(2) An officer described in subsection (a) who is serving on active duty in a temporary grade equivalent to or lower than his reserve grade on the effective date of this Act [Sept. 15, 1981] and who is recommended by the selection board which considers him pursuant to such subsection for promotion to a reserve grade higher than the temporary grade in which he was serving on such date shall be considered as having been recommended for promotion to that reserve grade in the report of a selection board convened under section 3366, 3367, 8366, or 8367 [see
"(3) An officer described in subsection (a) who is not recommended for promotion by the selection board which considers him pursuant to such subsection shall be governed by section 3846 or 8846, as appropriate, of
"reserve officers twice failed of selection for promotion
"(1) was on active duty and subject to placement on the active-duty list of his armed force; and
"(2) held the reserve grade of first lieutenant, captain, or major; and
"(3) was considered to have twice failed of selection for promotion to the next higher reserve grade,
shall be governed by [former] section 3846 or 8846, as appropriate, of
"entitlement to severance pay or separation pay of officers separated or discharged pursuant to this part
"(1) the severance pay to which he would have been entitled under the laws in effect before the effective date of this Act [Sept. 15, 1981]; or
"(2) separation pay, if eligible therefor, under
"(b) An officer who is separated in accordance with section 605(b)(3) or 606 is entitled, at his election, to—
"(1) readjustment pay under
"(2) separation pay, if eligible therefor, under
"special tenure provisions for officers serving in temporary grades of brigadier general and major general
"(1) who on the effective date of this Act [Sept. 15, 1981] is serving in or is on a list of officers recommended for promotion to the temporary grade of brigadier general or major general;
"(2) whose regular grade on such date is below such temporary grade; and
"(3) who is promoted pursuant to section 601(a) to the regular grade equivalent to such temporary grade,
shall be subject to mandatory retirement for years of service in accordance with the laws applicable on the day before the effective date of this Act to officers in the permanent grade he held on such date. However, such an officer shall not be subject to a mandatory retirement date which is earlier than the first day of the month following the month of the thirtieth day after he completes 30 years of service as computed under section 3927(a) or 8927(a), as appropriate, of
"(b)(1) The Secretary of the Army or the Secretary of the Air Force, as appropriate, may convene selection boards under this section for the purpose of recommending from among officers described in subsection (a) officers to be selected to be subject to mandatory retirement for years of service in accordance with the laws applicable on the day before the effective date of this Act [Sept. 15, 1981] to officers in the permanent grade to which such officers were promoted pursuant to section 601(a) or to officers in a lower permanent grade higher than the permanent grade held by such officers on the day before the effective date of this Act.
"(2) Upon the recommendation of a selection board convened under this section, the Secretary concerned may select officers described in subsection (a) to be subject to mandatory retirement in accordance with the provisions of section 3922, 3923, 8922, or 8923, as appropriate, of
"(3) Any selection board convened under this section shall be convened in accordance with the provisions of section 3297 or 8297, as appropriate, of
"(c) This section does not apply to an officer who—
"(1) is sooner retired or separated under another provision of law;
"(2) is promoted to the permanent grade of brigadier general pursuant to section 601(a) and is subsequently promoted to the permanent grade of major general under
"(3) is continued on active duty under
"right of majors and colonels to complete years of service allowed under prior law
"(A) holds the regular grade of major; or
"(B) is on a list of officers recommended for promotion to the regular grade of major,
shall be retained on active duty until he completes twenty-one years of service as computed under section 3927(a) or 8927(a), as appropriate, of
"(2) Paragraph (1) does not apply to an officer who—
"(A) is sooner retired or separated under another provision of law;
"(B) is promoted to the regular grade of lieutenant colonel; or
"(C) is continued on active duty under
"(b)(1) Subject to paragraph (2), an officer of the Army or Air Force who on the effective date of this Act [Sept. 15, 1981]—
"(A) holds the regular grade of colonel; or
"(B) is on a list of officers recommended for promotion to the regular grade of colonel,
shall be retired under section 3921 or 8921 [now 7321 or 9321], as appropriate, of such title (as in effect on the day before the effective date of this Act).
"(2) Paragraph (1) does not apply to an officer who—
"(A) is sooner retired or separated under another provision of law;
"(B) is promoted to the regular grade of brigadier general; or
"(C) is continued on active duty under
"regular officers whose retirement has been deferred
"(1) under a provision of such chapter; or
"(2) by virtue of a suspension, under any provision of law, of provisions of such chapter which would otherwise require such retirement,
may continue to serve on active duty to complete the period for which his retirement was deferred or until such suspension is removed.
"Part B—Transition Provisions Relating Only to the Navy and Marine Corps
"officers serving in a temporary grade below vice admiral or lieutenant general or recommended for promotion
"(1) is serving on active duty in a temporary grade below vice admiral or lieutenant general that is higher than his permanent grade; or
"(2) is on a promotion list,
shall be considered to have been recommended for promotion to the permanent grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be, by a board convened under
"(b) This section does not apply to an officer—
"(1) serving in a temporary grade which, by its own terms, is limited in duration;
"(2) designated for limited duty in a grade to which he was appointed under section 5596 [now 8146] of
"(3) recommended for promotion or promoted to a grade under section 5787 of such title, as in effect before the effective date of this Act.
"(c)(1) Any delay of a promotion of an officer referred to in clause (2) of subsection (a) that was in effect on September 14, 1981, under the laws and regulations in effect on such date, shall continue in effect on and after September 15, 1981, as if such promotion had been delayed under
"(2) Any action to remove from a promotion list the name of an officer referred to in clause (2) of subsection (a) which was initiated before September 15, 1981, under the laws and regulations in effect before such date shall continue on and after such date as if such removal action had been initiated under
"officers failed of selection for promotion
"(b) An officer who during fiscal year 1981—
"(1) failed twice of selection for promotion to the grade of either lieutenant or lieutenant commander, in the case of an officer in the Navy, or to either captain or major, in the case of an officer in the Marine Corps; and
"(2) had not previously failed of selection for promotion to that grade,
may not, because of such failures of selection, be involuntarily separated, involuntarily discharged, or retired under
"right of certain officers to retire under prior law
"(A) holds the grade of lieutenant commander, commander, or captain in the Regular Navy or the grade of major, lieutenant colonel, or colonel in the Regular Marine Corps; or
"(B) is on a promotion list to any such grade,
shall be retired on the date provided under the laws in effect on September 14, 1981, except that an officer for whom no means can be established under the laws in effect on September 14, 1981, for computing creditable service in determining whether the officer is subject to involuntary retirement shall be retired under
"(2) This subsection does not apply to an officer—
"(A) removed from active duty under
"(B) promoted to a higher grade in the Regular Navy or Regular Marine Corps;
"(C) continued on active duty under
"(D) selected for early retirement under
"(b)(1) An officer of the Navy who on September 14, 1981—
"(A) has the grade of rear admiral in the Regular Navy; or
"(B) was on a promotion list to such grade,
shall be continued on active duty or retired in accordance with the laws in effect on September 14, 1981.
"(2) An officer of the Marine Corps who on September 14, 1981—
"(A) has the grade of brigadier general in the Regular Marine Corps; or
"(B) was on a promotion list to such grade,
shall be retired in accordance with the laws in effect on September 14, 1981.
"transition provisions to new commodore grade
"(A) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or
"(B) was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the upper half had he not been serving in such grade on such date,
shall after such date hold the permanent grade of rear admiral.
"(2) An officer of the Navy who on the day before the effective date of this Act [Sept. 15, 1981]—
"(A) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half; or
"(B) was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the lower half had he not been serving in such grade on such date,
shall after such date hold the permanent grade of commodore, but shall retain the title of rear admiral.
"(3) An officer who on the day before the effective date of this Act [Sept. 15, 1981] was on a list of officers recommended for promotion to the grade of rear admiral shall, upon promotion, hold the grade of commodore with the title of rear admiral.
"(b) An officer who on the day before the effective date of this Act [Sept. 15, 1981]—
"(1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or
"(2) was on a list of officers recommended for promotion to the grade of rear admiral,
shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uniform and insignia of a rear admiral.
"(c) Except as otherwise provided by law, an officer of the Navy who on the day before the effective date of this Act [Sept. 15, 1981] held the grade of rear admiral on the retired list or the temporary disability retired list retains the grade of rear admiral and is entitled after such date to wear the uniform and insignia of a rear admiral. Such an officer, when ordered to active duty—
"(1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and
"(2) ranks among commissioned officers of the armed forces as and is entitled to the basic pay of—
"(A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or
"(B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act.
"(d)(1) An officer of the Navy who—
"(A) on the effective date of this Act [Sept. 15, 1981]—
"(i) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half or was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the lower half had he not been serving in such grade on such date; or
"(ii) was on a list of officers recommended for promotion to the grade of rear admiral; and
"(B) after such date holds the permanent grade of commodore pursuant to subsection (a),
shall not be subject to the provisions of
"(2) Officers to whom this subsection applies become entitled to hold the permanent grade of rear admiral under the circumstances prescribed for entitlement to the basic pay of a rear admiral of the upper half under the provisions of subsections (a) through (d) of
"(e) Unless entitled to a higher grade under another provision of law, an officer of the Navy who on the day before the effective date of this Act [Sept. 15, 1981]—
"(1) was serving on active duty; and
"(2) held the grade of rear admiral;
and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform and insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act.
"(f) A reserve officer of the Navy who on the day before the effective date of this Act [Sept. 15, 1981] was in an active status and was serving in the grade of rear admiral or was on a list of reserve officers recommended for promotion to the grade of rear admiral is not subject to [former] subsection (f) of section 6389 [now 8373] of
"female officers
"(b) Each officer of the Navy who on the effective date of this Act [Sept. 15, 1981] is serving in a staff corps under an appointment made under
"(c) Any officer who on the effective date of this Act [Sept. 15, 1981] is serving on the active list in the line of the Navy under an appointment made under
"(d) Each officer reappointed in a staff corps pursuant to subsection (b) or appointed in a staff corps under subsection (c) shall be considered for all purposes as having been originally appointed in such staff corps in accordance with the provisions of
"(e) Except as otherwise specifically provided by law, all provisions of law relating to appointment, promotion, separation, and retirement which are applicable to male officers of the Regular Navy or Regular Marine Corps, as appropriate, apply to officers reappointed pursuant to subsection (a) or (b) or appointed under subsection (c).
"(f)(1) As soon as practicable after completion of the appointments and reappointments provided for in subsections (a), (b), and (c), the name of each officer so appointed or reappointed shall be entered on the appropriate active-duty list of the Navy or the Marine Corps in a position among officers of her grade determined in accordance with regulations prescribed by the Secretary of the Navy. Such officers shall be placed on the appropriate active-duty list without change in their relative positions held on the lineal list or any list for promotion established for them while they were serving under an appointment under any provision of
"(2) Any female officer—
"(A) who, by virtue of her date of rank and other considerations, would be placed on a list of officers eligible for consideration for promotion in a position senior to an officer who has failed of selection for promotion one or more times; and
"(B) who is considered to have failed of selection for promotion once or is considered to have never failed of selection for promotion,
shall, for purposes of determining her eligibility for consideration for promotion to the next higher grade, be considered with those officers who are considered to have failed of selection for promotion once, or who are considered never to have failed of selection for promotion, as the case may be.
"(3) A female officer who is considered to have failed of selection for promotion one or more times and whose position on the active-duty list is junior to the position of any male officer who is considered to have failed of selection for promotion a fewer number of times or not at all may not derive any advantage in the selection process by virtue of such position on the active-duty list.
"(g) Except as provided in
"(1) before the effective date of this Act [Sept. 15, 1981] had not twice failed of selection for promotion to the next higher grade; and
"(2) is not selected for promotion to a higher regular grade on or after such effective date,
may not be retired earlier than such officer would have been retired had this Act not been enacted.
"(h)(1) Any officer who—
"(A) on the effective date of this Act [Sept. 15, 1981] is a lieutenant in the Navy or a captain in the Marine Corps;
"(B) under
"(C) because of the enactment of this Act, is subject to discharge under section 632 of such title because such officer has twice failed of selection for promotion,
shall, if such officer has not completed 13 years of active commissioned service at the time otherwise prescribed for the discharge of such officer under such section and such officer so requests, not be discharged until June 30 of the fiscal year in which the officer completes 13 years of active commissioned service.
"(2) Any officer who—
"(A) on the effective date of this Act [Sept. 15, 1981] is a lieutenant (junior grade) in the Navy or a first lieutenant in the Marine Corps;
"(B) under
"(C) because of the enactment of this Act, is subject to discharge under section 631 of such title because such officer has twice failed of selection for promotion,
shall, if that officer has not completed 7 years of active commissioned service at the time otherwise prescribed for such discharge under such section and such officer so requests, not be discharged until June 30 of the fiscal year in which the officer completes 7 years of active commissioned service.
"limited-duty officers
"(b) Any female member of the Navy who on April 2, 1981, was appointed under section 591 [now 12201] or 5590 of
"(c) An officer of the Navy or Marine Corps who on September 15, 1981, was an officer designated for limited duty under section 5589 [now 8139] of
"certain navy lieutenants holding temporary appointments in the grade of lieutenant commander
"director of budget and reports of the navy
"contingency authority for navy promotions under prior law
"retention on active duty of certain reserve lieutenant commanders
"
"(1) holds the grade of lieutenant commander in the Naval Reserve [now Navy Reserve];
"(2) is on active duty as the result of recall orders accepted subsequent to a break in active commissioned service;
"(3) is subject to placement on the active-duty list; and
"(4) is considered—
"(A) to have failed of selection for promotion to the grade of commander one or more times under
"(B) to have been later considered to have failed of selection for promotion to the grade of commander one or more times under
may be retained on active duty by the Secretary of the Navy for such period as the Secretary considers appropriate.
"Part C—General Transition Provisions
"establishment of initial active-duty lists
"(2) Regulations prescribed under
"(b) Under regulations prescribed by the Secretary of Defense, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, the Secretary of the military department concerned, in order to maintain the relative seniority among officers of the Army, Navy, Air Force, and Marine Corps as it existed on September 14, 1981, may adjust the date of rank of officers—
"(1) below the grade of brigadier general or commodore during the one-year period beginning on September 15, 1981; and
"(2) above the grade of colonel or, in the case of the Navy, captain until there are no longer any officers to whom section 614(d) is applicable.
"officers serving in the same temporary grade and permanent grade; date of rank
"officers serving in grades above major general or rear admiral
"(b)(1) Any designation of a position as a position of importance and responsibility made by the President under
"(2) Any position held by an officer under
"(c) Any officer who before the effective date of this Act [Sept. 15, 1981] served in the grade of lieutenant general, general, vice admiral, or admiral but was not serving in such grade on the day before the effective date of this Act shall for the purposes of
"years of service for involuntary retirement or discharge
"(1) the amount of service creditable to such officer on the day before the effective date of this Act for the purpose of determining whether the officer is subject to involuntary retirement or discharge; and
"(2) all subsequent active commissioned service of such officer.
"(b) In the case of an officer subject to placement on the active-duty list on September 15, 1981, for whom no means of computing service creditable in determining whether the officer is subject to involuntary retirement or discharge existed under the law in effect on the day before the effective date of this Act [Sept. 15, 1981], the amount of creditable service of such officer for such purpose for the period before the effective date of this Act shall be determined under regulations prescribed by the Secretary of the military department concerned, except that such an officer may not be credited with an amount of service less than the amount of his active commissioned service.
"savings provision for constructive service previously granted
"(1) had been credited with years of service upon an original appointment as an officer or after such an appointment; or
"(2) was participating in a program leading to an appointment as an officer in the Army, Navy, Air Force, or Marine Corps and the crediting of years of service.
"(b)(1) Any officer who on the effective date of this Act [Sept. 15, 1981] is an officer of the Army or Navy in the Medical or Dental Corps of his armed force, an officer of the Air Force designated as a medical or dental officer, or an officer of the Public Health Service commissioned as a medical or dental officer is entitled to include in the years of service creditable to him for the computation of basic pay and retired pay the years of service creditable to him for such purposes under clauses (7) and (8) of
"(2) Any person who on the day before the effective date of this Act [Sept. 15, 1981] was enrolled in the Uniformed Services University of the Health Sciences under
"miscellaneous provisions relating to years of service
"(b) An officer of the Army, Navy, Air Force, or Marine Corps who was on active duty on the effective date of this Act [Sept. 15, 1981] and who is retired under
"(c) The service that an officer of the Army, Navy, Air Force, or Marine Corps has in a particular grade is the sum of—
"(A) the years, months, and days of service in that grade accrued under the laws in effect before the effective date of this Act [Sept. 15, 1981]; and
"(B) the years, months, and days of service in that grade accrued under the laws in effect on and after the effective date of this Act.
"transition to officer grade-strength tables during fiscal year 1981
"right of commissioned officers with permanent enlisted or warrant officer status to retire in highest enlisted or warrant officer grade held
"(1) on the day before the effective date of this Act [Sept. 15, 1981] had a permanent status as an enlisted member or as a warrant officer (or had a statutory right to be enlisted or to be appointed as a warrant officer) and was serving as an officer under a temporary appointment; and
"(2) on or after the effective date of this Act and before completing 10 years of commissioned service for purposes of retirement eligibility under section 3911, 6323, or 8911 [now 7311, 8323, or 9311] of
is entitled to retire or transfer to the Fleet Reserve or Fleet Marine Corps Reserve in the highest grade he held as an enlisted member or a warrant officer.
"savings provision for retired grade for officers not subsequently promoted
"exemption of certain officers from selective early retirement provisions
"savings provision for entitlement to readjustment pay or severance pay under prior provisions of law
"(1) was on active duty (other than for training) on Sept. 14, 1981; and
"(2) after such date is involuntarily discharged or released from active duty under any provision of
is entitled to receive any readjustment payment or severance pay to which he would have been entitled under laws in effect on Sept. 14, 1981, unless (in the case of a member discharged or released on or after the date of the enactment of the Department of Defense Authorization Act, 1985 [Oct. 19, 1984]) the Secretary concerned determines that the conditions under which the member is discharged or separated do not warrant such pay.
"(b) If a member who is entitled to receive a readjustment payment or severance pay under subsection (a) is also eligible to receive separation pay under
"officers on active duty in grade above general
"definitions
"(1) The term 'officer' does not include warrant officers.
"(2) The term 'active-duty list' means the active-duty list established by the Secretary of the military department concerned pursuant to
"savings provision for retired grade of certain reserve officers
"
"(1) is on active duty on September 14, 1981; and
"(2) after such date retires under section 3911 or 8911 [now 7311 or 9311] of
is entitled to retire in the reserve grade which he held or to which he had been selected for promotion on September 14, 1981.
"savings provision for original appointment in certain grades under existing regulations
"(1) was selected for participation in a postbaccalaureate educational program leading to an appointment as a commissioned officer or had completed a postbaccalaureate program and was selected for appointment as a commissioned officer of the Army, Navy, Air Force, or Marine Corps;
"(2) under regulations of the Secretary of the military department concerned in effect on December 12, 1980, would have been appointed and ordered to active duty in a grade specified or determined in accordance with such regulations; and
"(3) had not been so appointed and ordered to active duty,
may be appointed and ordered to active duty in such grade with a date of rank and position on the active-duty list junior to that of all other officers of the same grade and competitive category serving on active duty.
"retention in grade of certain reserve officers
"(1) is serving on active duty (A) under section 10(b)(2) of the Military Selective Service Act (
"(2) is serving in a temporary grade or is selected for promotion to a temporary grade,
may continue to serve in or may be promoted to and serve in such grade until promoted to a higher grade, separated, or retired.
"savings provision regarding discharge of regular officers
"repayment of readjustment and severance pay
"savings provision for promotion consideration of certain retired officers
"(1) was eligible for consideration for promotion on that date; and
"(2) has served continuously on active duty since that date,
may be considered for promotion (under regulations prescribed by the Secretary of the military department concerned) by a selection board that convenes after the date of the enactment of this section as if he had been placed on the active-duty list pursuant to section 621 of this Act."
§612. Composition of selection boards
(a)(1) Members of selection boards shall be appointed by the Secretary of the military department concerned in accordance with this section. A selection board shall consist of five or more officers of the same armed force as the officers under consideration by the board. Each member of a selection board (except as provided in paragraphs (2), (3), and (4)) shall be an officer on the active-duty list. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major or lieutenant commander.
(2)(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.
(B) A selection board need not include an officer from a competitive category to be considered by the board when there are no officers of that competitive category on the active-duty list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. However, in such a case the Secretary of the military department concerned, in his discretion, may appoint as a member of the board an officer of that competitive category who is not on the active-duty list from among officers of the same armed force as the officers under consideration by the board who hold a higher grade than the grade of the officers under consideration and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.
(3) When reserve officers of an armed force are to be considered by a selection board, the membership of the board shall include at least one reserve officer of that armed force on active duty (whether or not on the active-duty list). The actual number of reserve officers shall be determined by the Secretary of the military department concerned, in the Secretary's discretion. Notwithstanding the first sentence of this paragraph, in the case of a board which is considering officers in the grade of colonel or brigadier general or, in the case of officers of the Navy, captain or rear admiral (lower half), no reserve officer need be included if there are no reserve officers of that armed force on active duty in the next higher grade who are eligible to serve on the board.
(4) Except as provided in paragraphs (2) and (3), if qualified officers on the active-duty list are not available in sufficient number to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board officers who are members of the same armed force and hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.
(5) A retired general or flag officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
(b) No officer may be a member of two successive selection boards convened under
(c)(1) Each selection board convened under
(2) Paragraph (1) applies with respect to an officer who—
(A) is serving on, or has served on, the Joint Staff; or
(B) is a joint qualified officer.
(3) The Secretary of Defense may waive the requirement in paragraph (1) in the case of—
(A) any selection board of the Marine Corps; or
(B) any selection board that is considering officers in specialties identified in paragraph (2) or (3) of
(Added
Amendments
2011—Subsec. (c).
2000—Subsec. (a)(1).
Subsec. (a)(3).
1986—Subsec. (c).
1985—Subsec. (a)(3).
1981—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b).
Effective Date of 2000 Amendment
Effective Date of 1986 Amendment
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
§613. Oath of members of selection boards
Each member of a selection board shall swear that he will perform his duties as a member of the board without prejudice or partiality and having in view both the special fitness of officers and the efficiency of his armed force.
(Added
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
§613a. Nondisclosure of board proceedings
(a)
(b)
(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)
(Added
Amendments
2011—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date
§614. Notice of convening of selection boards
(a) At least 30 days before a selection board is convened under
(b) An officer eligible for consideration by a selection board convened under
(Added
Amendments
2017—Subsec. (b).
2006—Subsec. (b).
1991—
1981—Subsec. (a).
Effective Date of 2017 Amendment
Effective Date of 2006 Amendment
Effective Date of 1991 Amendment
Amendment by
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
§615. Information furnished to selection boards
(a)(1) The Secretary of Defense shall prescribe regulations governing information furnished to selection boards convened under
(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,
(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, 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.
(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
(1) the maximum number, as determined in accordance with
(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
(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
(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
(Added
Amendments
2019—Subsec. (a)(3).
2011—Subsecs. (b)(5), (c).
2006—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(6)(B).
Subsec. (a)(7).
Subsec. (a)(7)(A).
1992—Subsec. (b)(5).
Subsec. (d).
1991—
1989—Subsec. (d).
1988—Subsec. (a)(4).
Subsec. (c).
1986—
Effective Date of 2019 Amendment
Effective Date of 2006 Amendment
Effective Date of 1991 Amendment
Effective Date of 1988 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
§616. Recommendations for promotion by selection boards
(a) A selection board convened under
(b) The Secretary of the military department concerned shall establish the number of officers such a selection board may recommend for promotion from among officers being considered from below the promotion zone in any competitive category. Such number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category, except that the Secretary of Defense may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary of Defense determines that the needs of the service so require. If the number determined under this subsection is less than one, the board may recommend one such officer. The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers which the board is authorized under
(c) A selection board convened under
(1) the officer receives the recommendation of a majority of the members of the board;
(2) a majority of the members of the board finds that the officer is fully qualified for promotion; and
(3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under
(d) The number of officers recommended for promotion by a selection board convened under
(e) Except as otherwise provided by law, an officer on the active-duty list may not be promoted to a higher grade under this chapter unless he is considered and recommended for promotion to that grade by a selection board convened under this chapter.
(f) The recommendations of a selection board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a person not a member of the board (or a member of the administrative staff designated by the Secretary concerned to assist the board) until the written report of the recommendations of the board, required by
(g) The Secretary convening a selection board under
(1) censure, reprimand, or admonish the selection board or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within the authorized discretion of the board; or
(2) attempt to coerce or, by any unauthorized means, influence any action of a selection board or any member of a selection board in the formulation of the board's recommendations.
(h)(1) In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under
(2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under
(3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those officers should be placed on the list.
(Added
Amendments
2019—Subsecs. (d) to (h).
2018—Subsec. (c)(3).
Subsec. (g).
2006—Subsec. (c)(3).
1992—
1991—Subsecs. (e), (f).
1988—Subsec. (a).
Effective Date of 2019 Amendment
Effective Date of 2018 Amendment
Amendment by section 809(a) of
Effective Date of 2006 Amendment
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
§617. Reports of selection boards
(a) Each selection board convened under
(b) A selection board convened under
(c) A selection board convened under
(d) A selection board convened under
(Added
References in Text
Amendments
2018—Subsec. (d).
1999—Subsec. (c).
1998—Subsec. (c).
1994—Subsec. (b).
1992—Subsec. (a).
1988—Subsec. (a)(2).
Effective Date of 1999 Amendment
Effective Date of 1998 Amendment
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
1 See References in Text note below.
§618. Action on reports of selection boards
(a)(1) Upon receipt of the report of a selection board submitted to him under
(2) If, on the basis of a review of the report under paragraph (1), the Secretary of the military department concerned determines that the board acted contrary to law or regulation or to guidelines furnished the board under
(b)(1) After completing the requirements of subsection (a), the Secretary concerned, in the case of the report of a selection board that considered officers who are serving on, or have served on, the Joint Staff or are joint qualified officers, shall submit the report to the Chairman of the Joint Chiefs of Staff.
(2) The Chairman, in accordance with guidelines furnished to the Chairman by the Secretary of Defense, shall review the report for the purpose of determining if—
(A) the selection board acted consistent with the guidelines of the Secretary of Defense under
(B) the selection board otherwise gave appropriate consideration to the performance of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers.
(3) After reviewing the report, the Chairman shall return the report, with his determinations and comments, to the Secretary concerned.
(4) If the Chairman determines that the board acted contrary to the guidelines of the Secretary of Defense under
(A) return the report, together with the Chairman's determinations and comments, to the selection board (or a subsequent selection board convened under
(B) convene a special selection board in the manner provided for under
(C) take other appropriate action to satisfy the concerns of the Chairman.
(5) If, after completion of all actions taken under paragraph (4), the Secretary concerned and the Chairman remain in disagreement with respect to the report of a selection board, the Secretary concerned shall indicate such disagreement, and the reasons for such disagreement, as part of his transmittal of the report of the selection board to the Secretary of Defense under subsection (c). Such transmittal shall include any comments submitted by the Chairman.
(c)(1) After his final review of the report of a selection board, the Secretary concerned shall submit the report, with his recommendations thereon, to the Secretary of Defense for transmittal to the President for his approval or disapproval. The Secretary of Defense shall, before transmitting the report of a selection board to the President, take appropriate action to resolve any disagreement between the Secretary concerned and the Chairman transmitted to him under subsection (b)(5). If the authority of the President under this paragraph to approve or disapprove the report of a selection board is delegated to the Secretary of Defense, it may not be redelegated except to an official in the Office of the Secretary of Defense.
(2) If the report of a selection board names an officer as having a record which indicates that the officer should be required to show cause for his retention on active duty, the Secretary concerned may provide for the review of the record of that officer as provided for under regulations prescribed under
(d)(1) Except as provided in paragraph (2), 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.
(2) In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense.
(e)(1) The names of the officers recommended for promotion in the report of a selection board shall be disseminated to the armed force concerned as follows:
(A) In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), such names may be disseminated upon, or at any time after, the transmittal of the report to the President.
(B) In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, such names may be disseminated upon, or at any time after, the approval of the report by the President.
(C) In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated upon confirmation by the Senate.
(2) A list of names of officers disseminated under paragraph (1) may not include—
(A) any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of subparagraph (B) of such paragraph; or
(B) the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of subparagraph (C) of such paragraph.
[(f) Repealed.
(g) If the Secretary of a military department or the Secretary of Defense makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information.
(Added
Amendments
2011—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(4).
2006—Subsec. (d).
Subsec. (f).
2000—Subsec. (e).
1992—Subsec. (a)(1), (2).
Subsec. (b)(2)(A), (4).
1991—Subsec. (g).
1988—Subsec. (a).
Subsec. (c)(1).
1986—Subsec. (b).
Subsec. (c).
Subsecs. (d) to (f).
1984—Subsec. (b)(2).
Effective Date of 2006 Amendment
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
Delegation of Functions
Functions of President under subsec. (b)(1) to approve, modify, or disapprove report of a selection board delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§1(a), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under
Nothing in section 1 of Ex. Ord. No. 12396 deemed to delegate authority vested in President by subsec. (c) of this section to remove a name from a selection board report, see section 1(g) of Ex. Ord. No. 12396.