Pub. L. 115-232, div. A, tit. V, subtit. A, sec. 505 (as amended)
AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD CONSIDERATION.
SEC. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD CONSIDERATION.
(a) Active-Duty List Officers.—Section 619 of title 10, United States Code, is amended—
(1) in subsection (d), by adding at the end the following new paragraph:
“(6) An officer excluded under subsection (e).”
; and
(2) by adding at the end the following new subsection:
“(e) Authority To Allow Officers To Opt Out of Selection Board Consideration.—(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade.
“(2) The Secretary concerned may only approve a request under paragraph (1) if—
“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;
“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
.
(b) Reserve Active-Status List Officers.—Section 14301 of such title is amended—
(1) in subsection (c)—
(A) in the subsection heading, by striking “Previously Selected Officers Not Eligible” and inserting “Certain Officers Not”; and
(B) by adding at the end the following new paragraph:
“(6) An officer excluded under subsection (j).”
; and
(2) by adding at the end the following new subsection:
“(j) Authority To Allow Officers To Opt Out of Selection Board Consideration.—(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade.
“(2) The Secretary concerned may only approve a request under paragraph (1) if—
“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;
“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
.