
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: 10USC616]

 
                         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. 616. Recommendations for promotion by selection boards

    (a) A selection board convened under section 611(a) of this title 
shall recommend for promotion to the next higher grade those officers 
considered by the board whom the board, giving 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 615(b) of this title), considers best qualified for promotion 
within each competitive category considered by the board.
    (b) The Secretary of the military department concerned shall 
establish the number of officers such a selection board may recommend 
for promotion from among officers being considered from below the 
promotion zone in any competitive category. Such number may not exceed 
the number equal to 10 percent of the maximum number of officers that 
the board is authorized to recommend for promotion in such competitive 
category, except that the Secretary of Defense may authorize a greater 
number, not to exceed 15 percent of the total number of officers that 
the board is authorized to recommend for promotion, if the Secretary of 
Defense determines that the needs of the service so require. If the 
number determined under this subsection is less than one, the board may 
recommend one such officer. The number of officers recommended for 
promotion from below the promotion zone does not increase the maximum 
number of officers which the board is authorized under section 615 of 
this title to recommend for promotion.
    (c) A selection board convened under section 611(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.

    (d) Except as otherwise provided by law, an officer on the active-
duty list may not be promoted to a higher grade under this chapter 
unless he is considered and recommended for promotion to that grade by a 
selection board convened under this chapter.
    (e) The recommendations of a selection 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 617 of this title, is 
signed by each member of the board.
    (f) The Secretary convening a selection board under section 611(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 selection board or any member of a selection board 
    in the formulation of the board's recommendations.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2852; 
amended Pub. L. 100-456, div. A, title V, Sec. 501(b), Sept. 29, 1988, 
102 Stat. 1966; Pub. L. 102-190, div. A, title V, Sec. 504(b), Dec. 5, 
1991, 105 Stat. 1357; Pub. L. 102-484, div. A, title X, Sec. 1052(8), 
Oct. 23, 1992, 106 Stat. 2499.)


                               Amendments

    1992--Pub. L. 102-484 substituted ``section 615(b)'' for ``section 
615(a)''.
    1991--Subsecs. (e), (f). Pub. L. 102-190 added subsecs. (e) and (f).
    1988--Subsec. (a). Pub. L. 100-456 inserted ``(as noted in the 
guidelines or information furnished the board under section 615(a) of 
this title)'' after ``particular skills''.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-190 applicable to selection boards convened 
under section 611(a) of this title after end of 60-day period beginning 
Dec. 5, 1991, see section 504(e) of Pub. L. 102-190, set out as a note 
under section 615 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-456 effective 60 days after Sept. 29, 1988, 
and applicable with respect to selection boards convened under section 
611(a) of this title on or after that effective date, see section 501(e) 
of Pub. L. 100-456, set out as a note under section 615 of this title.
