10 U.S.C. § 14104 | Nondisclosure of board proceedings

(a)

Prohibition on Disclosure .—

section 552(b)(3) of title 5The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in .

(b)

Prohibited Uses of Board Discussions, Deliberations, Notes, and Records .—

The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—

(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)

Applicability .—

This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.

Pub. L. 103–337, div. A, title XVI, § 1611Oct. 5, 1994108 Stat. 2925 Pub. L. 109–364, div. A, title V, § 547(b)Oct. 17, 2006120 Stat. 2216 Pub. L. 111–383, div. A, title V, § 503(c)Jan. 7, 2011124 Stat. 4208 (Added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

section 5898(e) of this title Pub. L. 103–337, § 1629(b)(2)Provisions similar to those in this section were contained in , prior to repeal by .

Amendments

Pub. L. 111–383, § 503(c)(1)section 14101 of this title2011—Subsec. (a). , added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The proceedings of a selection board convened under may not be disclosed to any person not a member of the board.”

Pub. L. 111–383, § 503(c)(2)Subsec. (b). , substituted “Notes, and Records” for “and Records” in heading.

Pub. L. 111–383, § 503(c)(3)Subsec. (c). , added subsec. (c).

Pub. L. 109–364 section 14101 of this title2006— amended section catchline and text generally. Prior to amendment, text read as follows: “Except as otherwise authorized or required by law, the proceedings of a selection board convened under may not be disclosed to any person not a member of the board.”

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–364 section 14101 of this titleOct. 17, 2006section 547(c) of Pub. L. 109–364 section 613a of this titleThis section, as amended by , applicable with respect to the proceedings of all selection boards convened under , including selection boards convened before , see , set out as an Effective Date note under .

Effective Date

Oct. 1, 1996section 1691(b)(1) of Pub. L. 103–337 section 10001 of this titleSection effective , see , set out as a note under .