(a)
(2) No information concerning a particular eligible officer may be furnished to a selection board except for the following:
(A) Information that is in the officer's official military personnel file and that is provided to the selection board in accordance with the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).
(B) Other information that is determined by the Secretary of the military department concerned, after review by that Secretary in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1), to be substantiated, relevant information that could reasonably and materially affect the deliberations of the promotion board.
(C) Subject to such limitations as may be prescribed in those regulations, information communicated to the board by the officer in accordance with this section, section 14106 of this title (including any comment on information referred to in subparagraph (A) regarding that officer), or other applicable law.
(D) A factual summary of the information described in subparagraphs (A), (B), and (C) that, in accordance with the regulations prescribed pursuant to paragraph (1) is prepared by administrative personnel for the purpose of facilitating the work of the selection board.
(3) In the case of an eligible officer considered for promotion to a grade above colonel or, in the case of the Navy, captain, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).
(4) Information provided to a promotion board in accordance with paragraphs (2) and (3) shall be made available to all members of the board and shall be made a part of the record of the board. Communication of such information shall be in a written form or in the form of an audio or video recording. If a communication is in the form of an audio or video recording, a written transcription of the recording shall also be made a part of the record of the promotion board.
(5) Paragraphs (2), (3), and (4) do not apply to the furnishing of appropriate administrative processing information to the promotion board by an administrative staff designated to assist the board, but only to the extent that oral communications are necessary to facilitate the work of the board.
(6) Information furnished to a promotion board that is described in subparagraph (B), (C), or (D) of paragraph (2), or in paragraph (3), may not be furnished to a later promotion board unless—
(A) the information has been properly placed in the official military personnel file of the officer concerned; or
(B) the information is provided to the later selection board in accordance with paragraph (2) or (3), as applicable.
(7)
(A) Before information described in paragraph (2)(B) or (3) regarding an eligible officer is furnished to a selection board, the Secretary of the military department concerned shall ensure—
(i) that such information is made available to such officer; and
(ii) that the officer is afforded a reasonable opportunity to submit comments on that information to the promotion board.
(B) If an officer cannot be given access to the information referred to in subparagraph (A) because of its classification status, the officer shall, to the maximum extent practicable, be furnished an appropriate summary of the information.
(b)
(1) In the case of a mandatory promotion board, the maximum number (as determined in accordance with section 14307 of this title) of officers in each competitive category under consideration that the board is authorized to recommend for promotion to the next higher grade.
(2) The name of each officer in each competitive category under consideration who is to be considered by the board for promotion.
(3) The pertinent records (as determined by the Secretary) of each officer whose name is furnished to the board.
(4) Information or guidelines relating to the needs of the armed force concerned for officers having particular skills, including (except in the case of a vacancy promotion board) guidelines or information relating to either a minimum number or a maximum number of officers with particular skills within a competitive category.
(5) Such other information or guidelines as the Secretary concerned may determine to be necessary to enable the board to perform its functions.
(c)
(d)
Prior Provisions
Provisions similar to those in subsec. (b) of this section were contained in section 5895 of this title, prior to repeal by Pub. L. 103–337, §1629(b)(2).
Amendments
2006—Subsec. (a)(3). Pub. L. 109–163, §506(b)(1)(B), added par. (3). Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 109–163, §506(b)(1)(A), (2)(A), redesignated par. (3) as (4) and substituted "paragraphs (2) and (3)" for "paragraph (2)". Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 109–163, §506(b)(1)(A), (2)(B), redesignated par. (4) as (5) and substituted ", (3), and (4)" for "and (3)". Former par. (5) redesignated (6).
Subsec. (a)(6). Pub. L. 109–163, §506(b)(1)(A), (2)(C)(i), redesignated par. (5) as (6) and inserted ", or in paragraph (3)," after "paragraph (2)" in introductory provisions. Former par. (6) redesignated (7).
Subsec. (a)(6)(B). Pub. L. 109–163, §506(b)(2)(C)(ii), inserted "or (3), as applicable" after "paragraph (2)".
Subsec. (a)(7). Pub. L. 109–163, §506(b)(1)(A), redesignated par. (6) as (7).
Subsec. (a)(7)(A). Pub. L. 109–163, §506(b)(2)(D), inserted "or (3)" after "paragraph (2)(B)".
Subsec. (d). Pub. L. 109–163, §515(b)(1)(QQ), substituted "Navy Reserve" for "Naval Reserve".
Effective Date of 2006 Amendment
Amendment by section 506(b) of Pub. L. 109–163 effective Oct. 1, 2006, and applicable with respect to promotion selection boards convened on or after that date, see section 506(c) of Pub. L. 109–163, set out as a note under section 615 of this title.
Effective Date
Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.