
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: 10USC612]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 36--PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF 
                    OFFICERS ON THE ACTIVE-DUTY LIST
 
                     SUBCHAPTER I--SELECTION BOARDS
 
Sec. 612. Composition of selection boards

    (a)(1) Members of selection boards shall be appointed by the 
Secretary of the military department concerned in accordance with this 
section. A selection board shall consist of five or more officers of the 
same armed force as the officers under consideration by the board. Each 
member of a selection board (except as provided in paragraphs (2), (3), 
and (4)) shall be an officer on the active-duty list. Each member of a 
selection board must be serving in a grade higher than the grade of the 
officers under consideration by the board, except that no member of a 
board may be serving in a grade below major or lieutenant commander.
    (2)(A) Except as provided in subparagraph (B), a selection board 
shall include at least one officer from each competitive category of 
officers to be considered by the board.
    (B) A selection board need not include an officer from a competitive 
category to be considered by the board when there are no officers of 
that competitive category on the active-duty list in a grade higher than 
the grade of the officers to be considered by the board and 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 an officer of that competitive category who is not 
on the active-duty list from among officers of the same armed force as 
the officers under consideration by the board who hold a higher grade 
than the grade of the officers under consideration and who are retired 
officers, reserve officers serving on active duty but not on the active-
duty list, or members of the Ready Reserve.
    (3) When reserve officers of an armed force are to be considered by 
a selection board, the membership of the board shall include at least 
one reserve officer of that armed force on active duty (whether or not 
on the active-duty list). The actual number of reserve officers shall be 
determined by the Secretary of the military department concerned, in the 
Secretary's discretion. Notwithstanding the first sentence of this 
paragraph, in the case of a board which is considering officers in the 
grade of colonel or brigadier general or, in the case of officers of the 
Navy, captain or rear admiral (lower half), no reserve officer need be 
included if there are no reserve officers of that armed force on active 
duty in the next higher grade who are eligible to serve on the board.
    (4) Except as provided in paragraphs (2) and (3), if qualified 
officers on the active-duty list are not available in sufficient number 
to comprise a selection board, the Secretary of the military department 
concerned shall complete the membership of the board by appointing as 
members of the board officers who are members of the same armed force 
and hold a grade higher than the grade of the officers under 
consideration by the board and who are retired officers, reserve 
officers serving on active duty but not on the active-duty list, or 
members of the Ready Reserve.
    (5) A retired general or flag officer who is on active duty for the 
purpose of serving on a selection board shall not, while so serving, be 
counted against any limitation on the number of general and flag 
officers who may be on active duty.
    (b) No officer may be a member of two successive selection boards 
convened under section 611(a) of this title for the consideration of 
officers of the same competitive category and grade.
    (c) Each selection board convened under section 611(a) of this title 
that will consider officers who are serving in, or have served in, joint 
duty assignments shall include at least one officer designated by the 
Chairman of the Joint Chiefs of Staff who is currently serving in a 
joint duty assignment. The Secretary of Defense may waive the preceding 
sentence in the case of any selection board of the Marine Corps.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2851; 
amended Pub. L. 97-22, Sec. 4(a), July 10, 1981, 95 Stat. 125; Pub. L. 
97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 
99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-
433, title IV, Sec. 402(a), Oct. 1, 1986, 100 Stat. 1030; Pub. L. 106-
398, Sec. 1 [[div. A], title V, Sec. 504(a)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-101.)


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 504(a)(1)], struck out ``who are on the active-duty list'' after 
``five or more officers'' in second sentence and inserted after second 
sentence ``Each member of a selection board (except as provided in 
paragraphs (2), (3), and (4)) shall be an officer on the active-duty 
list.''
    Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 504(a)(2)], substituted ``of that armed force on active duty 
(whether or not on the active-duty list). The actual number of reserve 
officers shall be'' for ``of that armed force, with the exact number of 
reserve officers to be'' and ``the Secretary's discretion. 
Notwithstanding the first sentence of this paragraph,'' for ``his 
discretion, except that''.
    1986--Subsec. (c). Pub. L. 99-433 added subsec. (c).
    1985--Subsec. (a)(3). Pub. L. 99-145 substituted ``rear admiral 
(lower half)'' for ``commodore''.
    1981--Subsec. (a)(2). Pub. L. 97-22, Sec. 4(a)(1), designated 
existing provisions as subpar. (A), substituted ``Except as provided in 
subparagraph (B), a selection board'' for ``A selection board'', and 
added subpar. (B).
    Subsec. (a)(3). Pub. L. 97-86 substituted ``commodore'' for 
``commodore admiral''.
    Pub. L. 97-22, Sec. 4(a)(2), inserted ``, with the exact number of 
reserve officers to be determined by the Secretary of the military 
department concerned in his discretion'' after ``at least one reserve 
officer of that armed force'' and inserted ``who are eligible to serve 
on the board'' after ``the next higher grade''.
    Subsec. (a)(4). Pub. L. 97-22, Sec. 4(a)(3), substituted ``Except as 
provided in paragraphs (2) and (3)'' for ``Except as provided in 
paragraph (3)'' and ``officers who are members of the same armed force 
and hold a grade higher than the grade of the officers under 
consideration by the board and who are retired officers, reserve 
officers serving on active duty but not on the active-duty list, or 
members of the Ready Reserve'' for ``retired officers of the same armed 
force who hold a retired grade higher than the grade of the officers 
under consideration by the board'' and designated as par. (5) provisions 
that retired general or flag officers on active duty for the purpose of 
serving on a selection board not be counted against any limitation on 
the number of general and flag officers who may be on active duty.
    Subsec. (a)(5). Pub. L. 97-22, Sec. 4(a)(3), added par. (5) 
consisting of provisions, formerly contained in par. (4).
    Subsec. (b). Pub. L. 97-22, Sec. 4(a)(4), inserted ``convened under 
section 611(a) of this title'' after ``selection boards''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 504(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-102, provided that: ``The amendments made by 
subsection (a) [amending this section] shall apply to any selection 
board convened under section 611(a) of title 10, United States Code, on 
or after August 1, 1981.''


                    Effective Date of 1986 Amendment

    Section 406(f) of Pub. L. 99-433 provided that: ``The amendments 
made by section 402 [amending this section and sections 615 and 618 of 
this title] shall take effect with respect to selection boards convened 
under section 611(a) of title 10, United States Code, after the end of 
the 120-day period beginning on the date of the enactment of this Act 
[Oct. 1, 1986].''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 
405(f) of Pub. L. 97-86, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 628, 12643 of this title.
