
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: 10USC618]

 
                         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. 618. Action on reports of selection boards

    (a)(1) Upon receipt of the report of a selection board submitted to 
him under section 617(a) of this title, the Secretary of the military 
department concerned shall review the report to determine whether the 
board has acted contrary to law or regulation or to guidelines furnished 
the board under section 615(b) of this title. Following such review, 
unless the Secretary concerned makes a determination as described in 
paragraph (2), the Secretary shall submit the report as required by 
subsection (b) or (c), as appropriate.
    (2) If, on the basis of a review of the report under paragraph (1), 
the Secretary of the military department concerned determines that the 
board acted contrary to law or regulation or to guidelines furnished the 
board under section 615(b) of this title, the Secretary shall return the 
report, together with a written explanation of the basis for such 
determination, to the board for further proceedings. Upon receipt of a 
report returned by the Secretary concerned under this paragraph, the 
selection board (or a subsequent selection board convened under section 
611(a) of this title for the same grade and competitive category) shall 
conduct such proceedings as may be necessary in order to revise the 
report to be consistent with law, regulation, and such guidelines and 
shall resubmit the report, as revised, to the Secretary in accordance 
with section 617 of this title.
    (b)(1) After completing the requirements of subsection (a), the 
Secretary concerned, in the case of the report of a selection board that 
considered officers who are serving, or have served, in joint duty 
assignments, shall submit the report to the Chairman of the Joint Chiefs 
of Staff.
    (2) The Chairman, in accordance with guidelines furnished to the 
Chairman by the Secretary of Defense, shall review the report for the 
purpose of determining if--
        (A) the selection board acted consistent with the guidelines of 
    the Secretary of Defense under section 615(c) of this title to 
    ensure that selection boards give appropriate consideration to the 
    performance in joint duty assignments of officers who are serving, 
    or have served, in such assignments; and
        (B) the selection board otherwise gave appropriate consideration 
    to the performance in joint duty assignments of officers who are 
    serving, or have served, in such assignments.

    (3) After reviewing the report, the Chairman shall return the 
report, with his determinations and comments, to the Secretary 
concerned.
    (4) If the Chairman determines that the board acted contrary to the 
guidelines of the Secretary of Defense under section 615(c) of this 
title or otherwise failed to give appropriate consideration to the 
performance of officers in joint duty assignments, the Secretary 
concerned may--
        (A) return the report, together with the Chairman's 
    determinations and comments, to the selection board (or a subsequent 
    selection board convened under section 611(a) of this title for the 
    same grade and competitive category) for further proceedings in 
    accordance with subsection (a);
        (B) convene a special selection board in the manner provided for 
    under section 628 of this title; or
        (C) take other appropriate action to satisfy the concerns of the 
    Chairman.

    (5) If, after completion of all actions taken under paragraph (4), 
the Secretary concerned and the Chairman remain in disagreement with 
respect to the report of a selection board, the Secretary concerned 
shall indicate such disagreement, and the reasons for such disagreement, 
as part of his transmittal of the report of the selection board to the 
Secretary of Defense under subsection (c). Such transmittal shall 
include any comments submitted by the Chairman.
    (c)(1) After his final review of the report of a selection board, 
the Secretary concerned shall submit the report, with his 
recommendations thereon, to the Secretary of Defense for transmittal to 
the President for his approval or disapproval. The Secretary of Defense 
shall, before transmitting the report of a selection board to the 
President, take appropriate action to resolve any disagreement between 
the Secretary concerned and the Chairman transmitted to him under 
subsection (b)(5). If the authority of the President under this 
paragraph to approve or disapprove the report of a selection board is 
delegated to the Secretary of Defense, it may not be redelegated except 
to an official in the Office of the Secretary of Defense.
    (2) If the report of a selection board names an officer as having a 
record which indicates that the officer should be required to show cause 
for his retention on active duty, the Secretary concerned may provide 
for the review of the record of that officer as provided for under 
regulations prescribed under section 1181 of this title.
    (d) The name of an officer recommended for promotion by a selection 
board may be removed from the report of the selection board only by the 
President.
    (e)(1) The names of the officers recommended for promotion in the 
report of a selection board shall be disseminated to the armed force 
concerned as follows:
        (A) In the case of officers recommended for promotion to a grade 
    below brigadier general or rear admiral (lower half), such names may 
    be disseminated upon, or at any time after, the transmittal of the 
    report to the President.
        (B) In the case of officers recommended for promotion to a grade 
    above colonel or, in the case of the Navy, captain, such names may 
    be disseminated upon, or at any time after, the approval of the 
    report by the President.
        (C) In the case of officers whose names have not been sooner 
    disseminated, such names shall be promptly disseminated upon 
    confirmation by the Senate.

    (2) A list of names of officers disseminated under paragraph (1) may 
not include--
        (A) any name removed by the President from the report of the 
    selection board containing that name, if dissemination is under the 
    authority of subparagraph (B) of such paragraph; or
        (B) the name of any officer whose promotion the Senate failed to 
    confirm, if dissemination is under the authority of subparagraph (C) 
    of such paragraph.

    (f) Except as authorized or required by this section, proceedings of 
a selection board convened under section 611(a) of this title may not be 
disclosed to any person not a member of the board.
    (g) If the Secretary of a military department or the Secretary of 
Defense makes a recommendation under this section that the name of an 
officer be removed from a report of a selection board and the 
recommendation is accompanied by information that was not presented to 
that selection board, that information shall be made available to that 
officer. The officer shall then be afforded a reasonable opportunity to 
submit comments on that information to the officials making the 
recommendation and the officials reviewing the recommendation. If an 
eligible officer cannot be given access to such information because of 
its classification status, the officer shall, to the maximum extent 
practicable, be provided with an appropriate summary of the information.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2853; 
amended Pub. L. 98-525, title V, Sec. 524(a), Oct. 19, 1984, 98 Stat. 
2524; Pub. L. 99-433, title IV, Sec. 402(c), Oct. 1, 1986, 100 Stat. 
1030; Pub. L. 100-456, div. A, title V, Sec. 501(d), Sept. 29, 1988, 102 
Stat. 1966; Pub. L. 102-190, div. A, title V, Sec. 504(c), Dec. 5, 1991, 
105 Stat. 1357; Pub. L. 102-484, div. A, title X, Sec. 1052(8), (9), 
Oct. 23, 1992, 106 Stat. 2499; Pub. L. 106-398, Sec. 1 [[div. A], title 
V, Sec. 503(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-100.)


                               Amendments

    2000--Subsec. (e). Pub. L. 106-398 amended subsec. (e) generally. 
Prior to amendment, subsec. (e) read as follows: ``Upon approval by the 
President of the report of a selection board, the names of the officers 
recommended for promotion by the selection board (other than any name 
removed by the President) may be disseminated to the armed force 
concerned. If such names have not been sooner disseminated, such names 
(other than the name of any officer whose promotion the Senate failed to 
confirm) shall be promptly disseminated to the armed force concerned 
upon confirmation by the Senate.''
    1992--Subsec. (a)(1), (2). Pub. L. 102-484, Sec. 1052(8), 
substituted ``section 615(b)'' for ``section 615(a)''.
    Subsec. (b)(2)(A), (4). Pub. L. 102-484, Sec. 1052(9), substituted 
``section 615(c)'' for ``section 615(b)''.
    1991--Subsec. (g). Pub. L. 102-190 added subsec. (g).
    1988--Subsec. (a). Pub. L. 100-456, Sec. 501(d)(1), amended subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows: ``If, 
after reviewing the report of a selection board submitted to him under 
section 617(a) of this title, the Secretary of the military department 
concerned determines that the board has acted contrary to law or 
regulation, the Secretary shall return the report to the board for 
further proceedings. Upon receipt of a report returned by the Secretary 
concerned under this subsection, the selection board (or a subsequent 
selection board convened under section 611(a) of this title for the same 
grade and competitive category) shall conduct such proceedings as may be 
necessary in order to revise the report and shall resubmit the report, 
as revised, to the Secretary in accordance with section 617 of this 
title.''
    Subsec. (c)(1). Pub. L. 100-456, Sec. 501(d)(2), struck out ``, 
modification,'' after ``for his approval'' and inserted at end ``If the 
authority of the President under this paragraph to approve or disapprove 
the report of a selection board is delegated to the Secretary of 
Defense, it may not be redelegated except to an official in the Office 
of the Secretary of Defense.''
    1986--Subsec. (b). Pub. L. 99-433, Sec. 402(c)(1), (2), added 
subsec. (b). Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 99-433, Sec. 402(c)(1), (3), redesignated 
subsec. (b) as (c) and in par. (1) inserted provisions directing the 
Secretary of Defense, before transmitting the report, to take 
appropriate action to resolve any disagreement between the Secretary 
concerned and the Chairman. Former subsec. (c) redesignated (d).
    Subsecs. (d) to (f). Pub. L. 99-433, Sec. 402(c)(1), redesignated 
subsecs. (c) to (e) as (d) to (f), respectively.
    1984--Subsec. (b)(2). Pub. L. 98-525 substituted ``If the report of 
a selection board names an officer as having a record which indicates 
that the officer should be required to show cause for his retention on 
active duty, the Secretary concerned may provide for the review of the 
record of that officer as provided for under regulations prescribed 
under section 1181 of this title'' for ``The Secretary concerned may 
submit to a board of officers convened under section 1181 of this title 
the name of any officer who is named in the report of a selection board 
as having a record which indicates that the officer should be required 
to show cause for his retention on active duty''.


                    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.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-433 effective with respect to selection 
boards convened under section 611(a) of this title after end of 120-day 
period beginning on Oct. 1, 1986, see section 406(f) of Pub. L. 99-433, 
set out as a note under section 612 of this title.

                         Delegation of Functions

    Functions of President under subsec. (b)(1) to approve, modify, or 
disapprove report of a selection board delegated to Secretary of Defense 
to perform, without approval, ratification, or other action by 
President, and with authority for Secretary to redelegate, see Ex. Ord. 
No. 12396, Secs. 1(a), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as 
a note under section 301 of Title 3, The President.
    Nothing in section 1 of Ex. Ord. No. 12396 deemed to delegate 
authority vested in President by subsec. (c) of this section to remove a 
name from a selection board report, see section 1(g) of Ex. Ord. No. 
12396.

                  Section Referred to in Other Sections

    This section is referred to in sections 615, 628 of this title.
