10 U.S.C. § 14101

Convening of selection boards

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(a)Promotion Boards.—(1) Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for promotion to the next higher grade, under chapter 1405 of this title, officers on the reserve active-status list of that armed force in a permanent grade from first lieutenant through brigadier general or, in the case of the Navy Reserve, lieutenant (junior grade) through rear admiral (lower half). A selection board convened under this subsection shall be known as a “promotion board”.(2) A promotion board convened to recommend reserve officers of the Army or reserve officers of the Air Force for promotion (A) to fill a position vacancy under section 14315 of this title, or (B) to the grade of brigadier general or major general, shall be known as a “vacancy promotion board”. Any other promotion board convened under this subsection shall be known as a “mandatory promotion board”.(3) Paragraph (1) does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under section 14308(b)(4) of this title all such officers whom the Secretary finds to be fully qualified for promotion.(b)Selective Early Separation Boards.—Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned may convene a selection board to recommend officers of that armed force—(1) for selective early removal from the reserve active-status list under section 14704 of this title; or(2) for selective early retirement under section 14705 of this title.(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2924; amended Pub. L. 105–85, div. A, title V, § 514(a), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, § 505(b)(3), Dec. 28, 2001, 115 Stat. 1087; Pub. L. 108–136, div. A, title V, § 511(b)(1), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 109–163, div. A, title V, § 515(b)(1)(PP), Jan. 6, 2006, 119 Stat. 3234.)Editorial NotesAmendments

2006—Subsec. (a)(1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

2003—Subsec. (b). Pub. L. 108–136, § 511(b)(1)(A), (D), substituted “Selective Early Separation Boards” for “Continuation Boards” in heading and struck out concluding provisions which read as follows: “A selection board convened under this subsection shall be known as a ‘continuation board’.”

Subsec. (b)(1) to (3). Pub. L. 108–136, § 511(b)(1)(B), (C), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “for continuation on the reserve active-status list under section 14701 of this title;”.

2001—Subsec. (a)(3). Pub. L. 107–107 added par. (3).

1997—Subsec. (a)(2). Pub. L. 105–85 struck out “(except in the case of a board convened to consider officers as provided in section 14301(e) of this title)” before “be known as a ‘vacancy promotion board’.”

Statutory Notes and Related SubsidiariesEffective Date

Section 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.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1996–2026 · leading case: Marsh v. Johnson, 263 F. Supp. 2d 49 (D.D.C. 2003).

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Marsh v. Johnson, 263 F. Supp. 2d 49 (D.D.C. 2003). · cites it 2× “10 U.S.C. § 14101 (a) provides in pertinent part that [w]henever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for promotion to the next higher grade .”

Reilly v. Sec'y of the Navy, 12 F. Supp. 3d 125 (D.D.C. 2014). · cites it 2× “As with active duty officers, the law dictates that “selection boards” constituted pursuant to 10 U.S.C. § 14101 determine the promotion-eligibility of reserve officers.”

Freeman v. United States, 98 Fed. Cl. 360 (Fed. Cl. 2011). “”); see also 10 U.S.C. §§ 14101 , 14301. In these circumstances, federal recognition of that elevation is still required to effectuate the promotion.”

Housman v. Baratz, 916 F. Supp. 23 (D.D.C. 1996). “Furthermore, Congress specifically approved of and authorized the continuation board concept in the National Defense Authorization Act for Fiscal Year 1995, codified at 10 U.S.C. § 14101 (b). Finally, the Court is unaware of, and the plaintiff has not pointed to, any decision…”

Adair v. Winter, 451 F. Supp. 2d 202 (D.D.C. 2006). “Second, the defendants as *206 sert that they are protected from civil discovery of SER-board proceedings by 10 U.S.C. § 14101 . Id. at 9-10 . Third, the defendants argue that as a matter of policy — to encourage “candid discussions” amongst SER board members — the court should…”

Rodriguez v. Penrod (D.D.C. 2020). “, 10 U.S.C. § 14101 (a)(1) (“Whenever the needs of the Army .”

Lebidine v. Del Toro (D.D.C. 2025). “Lebidine, the process begins with the convening of a promotion selection board, 10 U.S.C. § 14101 , which forwards its recommendations to the Secretary of the Navy, id.”

Richard Reiter v. Troy Meink (6th Cir. 2026). “See 10 U.S.C. §§ 14101 (establishing promotion boards), 14107 (instructing the Secretary to promulgate regulations for furnishing personnel information to promotion boards).”

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