
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14102]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
                     CHAPTER 1403--SELECTION BOARDS
 
Sec. 14102. Selection boards: appointment and composition

    (a) Appointment.--Members of selection boards convened under section 
14101 of this title shall be appointed by the Secretary of the military 
department concerned in accordance with this section. Promotion boards 
and special selection boards shall consist of five or more officers. 
Continuation boards shall consist of three or more officers. All of the 
officers of any such selection board shall be of the same armed force as 
the officers under consideration by the board.
    (b) Composition.--At least one-half of the members of such a 
selection board shall be reserve officers, to include at least one 
reserve officer from each reserve component from which officers are to 
be considered by the board. Each member of a selection board must hold a 
permanent grade higher than the grade of the officers under 
consideration by the board, and no member of a board may hold a grade 
below major or lieutenant commander.
    (c) Representation of Competitive Categories.--(1) Except as 
provided in paragraph (2), a selection board shall include at least one 
officer from each competitive category of officers to be considered by 
the board.
    (2) A selection board need not include an officer from a competitive 
category to be considered by the board if there is no officer of that 
competitive category on the reserve active-status list or the active-
duty list in a permanent grade higher than the grade of the officers to 
be considered by the board and otherwise 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 a 
retired officer of that competitive category who is in the same armed 
force as the officers under consideration by the board who holds a 
higher grade than the grade of the officers under consideration.
    (d) Prohibition of Service on Consecutive Promotion Boards.--No 
officer may be a member of two successive promotion boards convened 
under section 14101(a) of this title for the consideration of officers 
of the same competitive category and grade if the second of the two 
boards is to consider any officer who was considered and not recommended 
for promotion to the next higher grade by the first of the two boards.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2924.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3362(b), (c), 5893(a), (b), and 8362(b), (c) of this title, 
prior to repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), (c)(1).

                  Section Referred to in Other Sections

    This section is referred to in sections 14502, 14705 of this title.
