
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14107]

 
                         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. 14107. Information furnished by the Secretary concerned to 
        promotion boards
        
    (a) Integrity of the Promotion Selection Board Process.--(1) The 
Secretary of Defense shall prescribe regulations governing information 
furnished to selection boards convened under section 14101(a) of this 
title. Those regulations shall apply uniformly among the military 
departments. Any regulations prescribed by the Secretary of a military 
department to supplement those regulations may not take effect without 
the approval of the Secretary of Defense in writing.
    (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 promotion 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, section 14106 of this title (including 
    any comment on information referred to in subparagraph (A) regarding 
    that officer), or other applicable law.
        (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) Information provided to a promotion board in accordance with 
paragraph (2) 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 promotion board.
    (4) Paragraphs (2) and (3) do not apply to the furnishing of 
appropriate administrative processing information to the promotion board 
by an administrative staff designated to assist the board, but only to 
the extent that oral communications are necessary to facilitate the work 
of the board.
    (5) Information furnished to a promotion board that is described in 
subparagraph (B), (C), or (D) of paragraph (2) may not be furnished to a 
later promotion 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).

    (6)(A) Before information described in paragraph (2)(B) 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 promotion 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 an appropriate 
summary of the information.
    (b) Information To Be Furnished.--The Secretary of the military 
department concerned shall furnish to a promotion board convened under 
section 14101(a) of this title the following:
        (1) In the case of a mandatory promotion board, the maximum 
    number (as determined in accordance with section 14307 of this 
    title) of officers in each competitive category under consideration 
    that the board is authorized to recommend for promotion to the next 
    higher grade.
        (2) The name of each officer in each competitive category under 
    consideration who is 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 
    (except in the case of a vacancy promotion board) guidelines or 
    information relating to either a minimum number or a maximum number 
    of officers with particular skills within a competitive category.
        (5) Such other information or guidelines as the Secretary 
    concerned may determine to be necessary to enable the board to 
    perform its functions.

    (c) Limitation on Modifying Furnished Information.--Information or 
guidelines furnished to a selection board under subsection (a) may not 
be modified, withdrawn, or supplemented after the board submits its 
report to the Secretary of the military department concerned pursuant to 
section 14109(a) of this title. However, in the case of a report 
returned to a board pursuant to section 14110(a) of this title for 
further proceedings because of a determination by the Secretary of the 
military department concerned that the board acted contrary to law, 
regulation, or guidelines, the Secretary may modify, withdraw, or 
supplement such information or guidelines as part of a written 
explanation to the board as provided in that section.
    (d) Officers in Health-Professions Competitive Categories.--The 
Secretary of each military department, under uniform regulations 
prescribed by the Secretary of Defense, shall include in guidelines 
furnished to a promotion board convened under section 14101(a) of this 
title that is considering officers in a health-professions competitive 
category for promotion to a grade below colonel or, in the case of 
officers of the Naval Reserve, captain, a direction that the board give 
consideration to an officer's clinical proficiency and skill as a health 
professional to at least as great an extent as the board gives to the 
officer's administrative and management skills.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2926.)


                            Prior Provisions

    Provisions similar to those in subsec. (b) of this section were 
contained in section 5895 of this title, prior to repeal by Pub. L. 103-
337, Sec. 1629(b)(2).

                  Section Referred to in Other Sections

    This section is referred to in sections 14108, 14109, 14110 of this 
title.
