section 611(a) of this titlesection 615(b) of this title A selection board convened under shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the armed force concerned for officers with particular skills (as noted in the guidelines or information furnished the board under ), considers best qualified for promotion within each competitive category considered by the board.
(b)
section 615 of this title 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 to recommend for promotion.
(c)
section 611(a) of this title A selection board convened under may not recommend an officer for promotion unless—
(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)
section 615 of this title 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 , finds that the officer is among the officers best qualified for promotion to meet the needs of the armed force concerned consistent with the requirement of exemplary conduct set forth in section 7233, 8167, or 9233 of this title, as applicable.
(d)(1)
section 611(a) of this titlesection 623 of this title Subject to paragraph (2), the number of officers recommended for promotion by a selection board convened under may not exceed the number equal to 95 percent of the number of officers included in the promotion zone established under for consideration by the board, except, the Secretary concerned may authorize a greater number of officers so recommended that is less than 100 percent of the number of officers so included, for medical and dental officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness.
(2)
section 611(a) of this titlesection 623 of this title During the period beginning on , and ending on , the number of officers recommended for promotion by a selection board convened under may not equal or exceed 100 percent of the number of officers included in the promotion zone established under for consideration by the board, for nurse officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness.
(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)
section 617 of this title 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 , is signed by each member of the board.
(g)
section 611(a) of this title The Secretary convening a selection board under , and an officer or other official exercising authority over any member of a selection board, may not—
(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)
section 624(a)(1) of this title In selecting the officers to be recommended for promotion, a selection board shall, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under .
(2)
section 615 of this title 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, pursuant to guidelines and procedures prescribed by the Secretary concerned, the order in which those officers should be placed on the list.
Pub. L. 118–1592024—Subsec. (d). designated existing provisions as par. (1), substituted “Subject to paragraph (2), the number” for “The number”, and added par. (2).
Pub. L. 118–312023—Subsec. (d). inserted before period at end “, except, the Secretary concerned may authorize a greater number of officers so recommended that is less than 100 percent of the number of officers so included, for medical and dental officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness”.
Pub. L. 116–283, § 504(a)(1)2021—Subsec. (h)(1). , substituted “shall” for “may” and inserted “pursuant to guidelines and procedures prescribed by the Secretary,” after “officers of particular merit,”.
Pub. L. 116–283, § 504(a)(2)Subsec. (h)(3). , inserted “, pursuant to guidelines and procedures prescribed by the Secretary concerned,” after “shall recommend”.
Pub. L. 116–922019—Subsecs. (d) to (h). added subsec. (d) and redesignated former subsecs. (d) to (g) as (e) to (h), respectively.
Pub. L. 115–232, § 809(a)2018—Subsec. (c)(3). , substituted “section 7233, 8167, or 9233” for “section 3583, 5947, or 8583”.
“The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [], and shall apply with respect to officers recommended for promotion by promotion selection boards convened on or after that date.”
section 611(a) of title 10“The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [], and shall apply with respect to consideration by promotion selection boards convened under , United States Code, of promotion zones that are established under section 623 of that title on or after that date.”
section 14108 of this title“The amendments made by this section [amending this section and ] shall take effect on the date of the enactment of this Act [] and shall apply with respect to selection boards convened on or after that date.”
section 701 of Pub. L. 96–513section 101 of this titleSection effective , but the authority to prescribe regulations under this section effective on , see , set out as an Effective Date of 1980 Amendment note under .