
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: 10USC14108]

 
                         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. 14108. Recommendations by promotion boards

    (a) Recommendation of Best Qualified Officers.--A promotion board 
convened under section 14101(a) of this title shall recommend for 
promotion to the next higher grade those officers considered by the 
board whom the board considers best qualified for promotion within each 
competitive category considered by the board or, in the case of a 
vacancy promotion board, among those officers considered to fill a 
vacancy. In determining those officers who are best qualified for 
promotion, the board shall give 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 section 14107 of 
this title).
    (b) Majority Required.--A promotion board convened under section 
14101(a) of this title may not recommend an officer for promotion 
unless--
        (1) the officer receives the recommendation of a majority of the 
    members of the board; and
        (2) a majority of the members of the board finds that the 
    officer is fully qualified for promotion.

    (c) Board Recommendation Required for Promotion.--Except as 
otherwise provided by law, an officer on the reserve active-status list 
may not be promoted to a higher grade under chapter 1405 of this title 
unless the officer is considered and recommended for promotion to that 
grade by a promotion board convened under section 14101(a) of this title 
(or by a special selection board convened under section 14502 of this 
title).
    (d) Disclosure of Board Recommendations.--The recommendations of a 
promotion 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 section 14109 of this title, is signed by each member of the 
board.
    (e) Prohibition of Coercion and Unauthorized Influence of Actions of 
Board Members.--The Secretary convening a promotion board under section 
14101(a) of this title, 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 promotion board or any member of a promotion board 
    in the formulation of the board's recommendations.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2928.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3362(e), 5893(c), 5896, and 8362(e) of this title, prior to 
repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), (c)(1).
