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LegalText 10 U.S.C. § 14111 Reports of selection boards: transmittal to President us united_states_code code_section 10 ARMED FORCES 1403 SELECTION BOARDS 14111 10 U.S.C. § 14111 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s14111 data/legal/raw/us/code/title-10/usc10.xml 3936e6ca7af5b558c5396a11aa9507f260bc3e58edafdda7245dcc6a474c1598 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 705bc180f4f7c731a3d68e2b56ab5d18c9d00776b48cb68b0692bae2ac65f154 2026-07-04 official
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10 U.S.C. § 14111 - Reports of selection boards: transmittal to President

Text

(a) Transmittal to President.— The Secretary concerned, after final review of the report of a selection board under section 14110 of this title, shall submit the report with the Secretarys recommendations, to the Secretary of Defense for transmittal by the Secretary to the President for approval or disapproval. If the authority of the President to approve or disapprove the report of a promotion board is delegated to the Secretary of Defense, that authority may not be redelegated except to an official in the Office of the Secretary of Defense.

(b) Removal of Name From Board Report.— (1) Except as provided in paragraph (2), 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.

(2) In the case of an officer recommended by a selection board for promotion to a grade below brigadier general or rear admiral (lower half), the name of the officer may also be removed from the report of the selection board by the Secretary of Defense or the Deputy Secretary of Defense.

(3) The Secretary of Defense shall notify the congressional defense committees of the removal of the name of an officer from the report of a selection board by the President or the Secretary or Deputy Secretary of Defense under paragraph (1) or paragraph (2), respectively, for any reason other than misconduct—

(A) not later than 30 days after the name of an officer is removed; and

(B) prior to submission to the Senate of a promotion list with respect to such report pursuant to section 12203 of this title.

(c) Recommendations for Removal of Selected Officers From Report.— 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 the report of a promotion board and the recommendation is accompanied by information that was not presented to that promotion 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. 103337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2929; amended Pub. L. 109364, div. A, title V, § 513(b), Oct. 17, 2006, 120 Stat. 2185; Pub. L. 11960, div. A, title V, § 503(b), Dec. 18, 2025, 139 Stat. 855.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in subsecs. (a) and (b) of this section were contained in section 5898(b) and (c) of this title, prior to repeal by Pub. L. 103337, § 1629(b)(2).

Amendments2025—Subsec. (b)(3). Pub. L. 11960 added par. (3). 2006—Subsec. (b). Pub. L. 109364 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 AmendmentAmendment by Pub. L. 109364 applicable with respect to selection boards convened on or after Oct. 17, 2006, see section 513(c) of Pub. L. 109364, set out as a note under section 618 of this title.

Effective DateSection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103337, set out as a note under section 10001 of this title.

Executive Documents

Delegation of Functions For assignment of functions of President under first sentence of subsec. (a) of this section, see section 1(c) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, and section 1(a) of Ex. Ord. No. 13598, Jan. 27, 2012, 77 F.R. 5371, set out as notes under section 301 of Title 3, The President.