
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: 10USC14109]

 
                         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. 14109. Reports of promotion boards: in general

    (a) Report of Officers Recommended for Promotion.--Each promotion 
board convened under section 14101(a) of this title shall submit to the 
Secretary of the military department concerned a report in writing 
containing a list of the names of the officers recommended by the board 
for promotion. The report shall be signed by each member of the board.
    (b) Certification.--Each report under subsection (a) shall include a 
certification--
        (1) that the board has carefully considered the record of each 
    officer whose name was furnished to the board; and
        (2) that, in the case of a promotion board convened under 
    section 14101(a) of this title, in the opinion of a majority of the 
    members of the board, the officers recommended for promotion by the 
    board are best qualified for promotion to meet the needs of the 
    armed force concerned (as noted in the guidelines or information 
    furnished the board under section 14107 of this title) among those 
    officers whose names were furnished to the selection board.

    (c) Show-Cause Recommendations.--(1) A promotion board convened 
under section 14101(a) of this title shall include in its report to the 
Secretary concerned the name of any reserve officer before it for 
consideration for promotion whose record, in the opinion of a majority 
of the members of the board, indicates that the officer should be 
required to show cause for retention in an active status.
    (2) If such a report names an officer as having a record which 
indicates that the officer should be required to show cause for 
retention, the Secretary concerned may provide for the review of the 
record of that officer as provided under regulations prescribed under 
section 14902 of this title.

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


                            Prior Provisions

    Provisions similar to those in subsecs. (a) and (b) of this section 
were contained in section 5897 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 14107, 14108, 14110, 14502 
of this title.
