Pub. L. 100-456, div. A, tit. V, pt. A, sec. 501

SELECTION BOARDS

EnactedYear: 1988Length: 617 wordsOfficial source
SEC. 501. SELECTION BOARDS (a) Information Furnished to Boards.—Section 615 of title 10, United States Code, is amended— (1) in subsection (a), by striking out clause (4) and inserting in lieu thereof the following: “(4) information or guidelines relating to the needs of the armed force concerned for officers having particular skills, including guidelines or information relating to the need for either a minimum number or a maximum number of officers with particular skills within a competitive category;”; and (2) by adding at the end the following new subsection: “(c) Information or guidelines furnished to a selection board under subsection (a) may not be modified, withdrawn, or supplemented after the board submits the report to the Secretary of the military department concerned pursuant to section 617(a) of this title, except that, in the case of a report returned to a board pursuant to section 618(a)(2) of this title for further proceedings because of a determination by the Secretary of the military department concerned that the board acted contrary to law, regulation, or guidelines, the Secretary may modify, withdraw, or supplement such information or guide-102 STAT. 1966lines as part of a written explanation to the board as provided in that section.”. (b) Recommendations for Promotion.—Section 616(a) of such title is amended by inserting “(as noted in the guidelines or information furnished the board under section 615(a) of this title)” after “particular skills”. (c) Reports of Selection Board.—Section 617(a)(2) of such title is amended by inserting “(as noted in the guidelines or information furnished the board under section 615(a) of this title)” after “concerned”. (d) Action on Reports.—(1) Subsection (a) of section 618 of such title is amended to read as follows: “(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(a) 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(a) 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.”. (2) Subsection (c)(1) of such section is amended— (A) by striking out“, modification,”; and (B) by adding at the end the following: “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.”. (e) Effective Date.—The amendments made by this section shall take effect 60 days after the date of the enactment of this Act and shall apply with respect to selection boards convened under section 611(a) of title 10, United States Code, on or after that effective date.
Pub. L. 100-456, div. A, tit. V, pt. A, sec. 501: SELECTION BOARDS | Justis AI