Pub. L. 109-364, div. A, tit. V, subtit. A, pt. II, sec. 513
EXPANDED AUTHORITY FOR REMOVAL FROM REPORTS OF SELECTION BOARDS OF OFFICERS RECOMMENDED FOR PROMOTION TO GRADES BELOW GENERAL AND FLAG GRADES.
SEC. 513. EXPANDED AUTHORITY FOR REMOVAL FROM REPORTS OF SELECTION BOARDS OF OFFICERS RECOMMENDED FOR PROMOTION TO GRADES BELOW GENERAL AND FLAG GRADES.(a) Officers on Active-Duty List.—Section 618(d) of title 10, United States Code, is amended—(1) by striking “The name” and inserting “(1) Except as provided in paragraph (2), the name”; and(2) by adding at the end the following new paragraph:“(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.”.120 STAT. 2185(b) Officers on Reserve-Active Status List.—Section 14111(b) of such title is amended—(1) by striking “The name” and inserting “(1) Except as provided in paragraph (2), the name”; and(2) by adding at the end the following new paragraph:“(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.”.(c) Effective Date.—The amendments made by this section shall apply with respect to selection boards convened on or after the date of the enactment of this Act.