10 U.S.C. § 617

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 617 - Reports of selection boards

(a) Each selection board convened under section 611(a) of this title shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing a list of the names of the officers it recommends for promotion and certifying (1) that the board has carefully considered the record of each officer whose name was furnished to it under section 615 of this title, and (2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the armed force concerned (as noted in the guidelines or information furnished the board under section 615(b) of this title) among those officers whose names were furnished to the selection board.

(b) A selection board convened under section 611(a) of this title shall include in its report to the Secretary concerned the name of any regular or reserve officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required under chapter 60 or 1411 of this title to show cause for his retention on active duty.

(c) A selection board convened under section 611(a) of this title shall include in its report to the Secretary concerned the name of any officer considered and not recommended for promotion by the board who submitted to the board a request not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under section 614(b) of this title.

(d) A selection board convened under section 611(a) of this title shall, when authorized under section 616(h) of this title, include in its report to the Secretary concerned the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.

10 U.S.C. § 617

Added Pub. L. 96-513, title I, §105, Dec. 12, 1980, 94 Stat. 2853; amended Pub. L. 100-456, div. A, title V, §501(c), Sept. 29, 1988, 102 Stat. 1966; Pub. L. 102-484, div. A, title X, §1052(8), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div. A, title XVI, §16231623,, 108 Stat. 2961; Pub. L. 105-261, div. A, title V, §502(b), Oct. 17, 1998, 112 Stat. 2003; Pub. L. 106-65, div. A, title V, §503(a), Oct. 5, 1999, 113 Stat. 590; Pub. L. 115-232, div. A, title V, §504(b), Aug. 13, 2018, 132 Stat. 1742; Pub. L. 116-283, div. A, title X, §1081(a)(18), Jan. 1, 2021, 134 Stat. 3871.

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (d). Pub. L. 116-283 substituted "section 616(h)" for "section 616(g)".2018-Subsec. (d). Pub. L. 115-232 added subsec. (d).1999-Subsec. (c). Pub. L. 106-65 struck out "regular" before "officer". 1998-Subsec. (c). Pub. L. 105-261 added subsec. (c).1994-Subsec. (b). Pub. L. 103-337 inserted "or reserve" after "any regular" and "or 1411" after "chapter 60". 1992-Subsec. (a). Pub. L. 102-484 substituted "section 615(b)" for "section 615(a)".1988-Subsec. (a)(2). Pub. L. 100-456 inserted "(as noted in the guidelines or information furnished the board under section 615(a) of this title)" after "concerned".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-65, div. A, title V, §503(b), Oct. 5, 1999, 113 Stat. 590, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to boards convened under section 611(a) of title 10, United States Code, on or after the date of the enactment of this Act [Oct. 5, 1999]."

EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-261, div. A, title V, §502(c), Oct. 17, 1998, 112 Stat. 2003, provided that: "The amendments made by this section [amending this section and section 1174 of this title] shall apply with respect to selection boards convened under section 611(a) of title 10, United States Code, on or after the date of the enactment of this Act [Oct. 17, 1998]."

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 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.

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-456 effective 60 days after Sept. 29, 1988, and applicable with respect to selection boards convened under section 611(a) of this title on or after that effective date, see section 501(e) of Pub. L. 100-456 set out as a note under section 615 of this title.

EFFECTIVE DATESection effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513 set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
officer: The term "officer" means a commissioned or warrant officer.