10 U.S.C. § 14104

Nondisclosure of board proceedings

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(a)Prohibition on Disclosure.—The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.(b)Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—(1) are immune from legal process;(2) may not be admitted as evidence; and(3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.(c)Applicability.—This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–364, div. A, title V, § 547(b), Oct. 17, 2006, 120 Stat. 2216; Pub. L. 111–383, div. A, title V, § 503(c), Jan. 7, 2011, 124 Stat. 4208.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 5898(e) of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).

Amendments

2011—Subsec. (a). Pub. L. 111–383, § 503(c)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.”

Subsec. (b). Pub. L. 111–383, § 503(c)(2), substituted “Notes, and Records” for “and Records” in heading.

Subsec. (c). Pub. L. 111–383, § 503(c)(3), added subsec. (c).

2006—Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, text read as follows: “Except as otherwise authorized or required by law, the proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.”

Statutory Notes and Related SubsidiariesEffective Date of 2006 Amendment

This section, as amended by Pub. L. 109–364, applicable with respect to the proceedings of all selection boards convened under section 14101 of this title, including selection boards convened before Oct. 17, 2006, see section 547(c) of Pub. L. 109–364, set out as an Effective Date note under section 613a of this title.

Effective 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 4 cases, 2006–2016 · leading case: Chaplaincy of Full Gospel Churches v. England, 234 F.R.D. 7 (D.D.C. 2006).

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Chaplaincy of Full Gospel Churches v. England, 234 F.R.D. 7 (D.D.C. 2006). · cites it 3× “Subsequently, with the knowledge of the Navy’s oath requirement, Congress enacted 10 U.S.C. § 14104 , which contains a nondisclosure requirement similar to section 618(f), but that limits disclosure of both promotion and selective early retirement board proceedings in the…”

Adair v. Winter, 451 F. Supp. 2d 202 (D.D.C. 2006). · cites it 3× “Judge Facciola ruled that § 618(f) did not shield SER-board proceedings from civil discovery, that 10 U.S.C. § 14104 did not bar discovery into SER-board proceedings, and that Navy regulations prohibiting board members from discussing board proceedings did not limit discovery…”

In Re Navy Chaplaincy, 512 F. Supp. 2d 58 (D.D.C. 2007). “§ 618 (f), 10 U.S.C. § 14104 , nor Navy regulations shielded SER-board proceedings from civil discovery.”

Harkness v. Sec'y of the Navy, 174 F. Supp. 3d 990 (W.D. Tenn. 2016). “§ 14102 (c)(1), and that the board proceedings should remain confidential, 10 U.S.C. § 14104 ... Because the challenged practices do not facially differentiate among religions, the Larson [strict scrutiny] standard does not apply.”

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