U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 36— PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter SUBCHAPTER I— SELECTION BOARDS

10 U.S.C. § 613a

Nondisclosure of board proceedings

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(a)Prohibition on Disclosure.—The proceedings of a selection board convened under section 573, 611, 628, or 20211 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 573, 611, 628, or 20211 of this title, regardless of the date on which the board was convened.(Added Pub. L. 109–364, div. A, title V, § 547(a)(1), Oct. 17, 2006, 120 Stat. 2215; amended Pub. L. 111–383, div. A, title V, § 503(a), Jan. 7, 2011, 124 Stat. 4207; Pub. L. 118–31, div. A, title XVII, § 1722(b)(1), Dec. 22, 2023, 137 Stat. 668.)Editorial NotesAmendments

2023—Subsecs. (a), (c). Pub. L. 118–31 substituted “573, 611, 628, or 20211” for “573, 611, or 628”.

2011—Subsec. (a). Pub. L. 111–383, § 503(a)(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 611 this title may not be disclosed to any person not a member of the board.”

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

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

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 109–364, div. A, title V, § 547(c), Oct. 17, 2006, 120 Stat. 2216, provided that: “Section 613a of title 10, United States Code, as added by subsection (a), shall apply with respect to the proceedings of all selection boards convened under section 611 of that title, including selection boards convened before the date of the enactment of this Act [Oct. 17, 2006]. Section 14104 of such title, as amended by subsection (b), shall apply with respect to the proceedings of all selection boards convened under section 14101 of that title, including selection boards convened before the date of the enactment of this Act.”

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2007–2024 · leading case: In Re Navy Chaplaincy, 850 F. Supp. 2d 86 (D.D.C. 2012).
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In Re Navy Chaplaincy, 850 F. Supp. 2d 86 (D.D.C. 2012). · cites it 5× “The Court Denies Without Prejudice the Defendants’ Motion to Dismiss the Gibson Plaintiffs’ 10 U.S.C. § 613a Claims By way of background, under 10 U.”
McGrady v. Mabus, 635 F. Supp. 2d 6 (D.D.C. 2009). · cites it 2× “§ 618 (f) and replaced it with 10 U.S.C. § 613a. Section 618(f) had stated that “proceedings of a selection board convened under section 611(a) of this title may not be disclosed to any person not a member of the board.”
In Re: Navy Chaplaincy, 69 F. Supp. 3d 249 (D.D.C. 2014). · cites it 2× “10 U.S.C. § 613a. C. Plaintiffs’ Claims Plaintiffs challenge several current and historical aspects of the CHC’s personnel system.”
Miller v. Dep't of Navy, 476 F.3d 936 (D.C. Cir. 2007). “Remand will also provide the Secretary an opportunity to reconsider the appropriate content of the administrative record, in light of the non-disclosure provision of the newly enacted 10 U.”
Miller v. Dep't of the Navy, 601 F. Supp. 2d 90 (D.D.C. 2009). · cites it 2× “In addition, the Circuit suggested that the Secretary “reconsider the appropriate content of the administrative record, in light of the non-disclosure provision of the newly enacted 10 U.S.C. § 613a.” Id. at 940 n. 2. Section 613a, which establishes that promotion selection…”
In Re: Navy Chaplaincy (D.D.C. 2018). · cites it 6× “2083 , 2216 (2006), which repealed § 618(f) and replaced it with 10 U.S.C. § 613a. Section 613a clarified that “[t]he proceedings of a selection board convened under section .”
Galvin v. Harker (D.D.C. 2023). · cites it 5× “at 8–9 (quoting 10 U.S.C. § 613a). Given the statutory scheme established by Congress for these types of decisions, defendants argue, the explanation given by the SSB—the statutorily mandated 6 The APA authorizes courts to set aside agency action found to be, among other things,…”
Arnold v. Sec'y of the Navy (D.D.C. 2020). · cites it 3× “The complaint, which once again joins together twenty-seven of the plaintiffs from Navy Chaplaincy, asserts five counts against the Navy: (1) what it calls an “illegal retaliation” claim; (2) a challenge to the constitutionality of 10 U.S.C. § 613a; (3) what it calls a…”
In Re: Navy Chaplaincy (D.D.C. 2023). · cites it 3× “Shortly after the district court’s ruling in Adair, Congress repealed § 618(f) and replaced it with 10 U.S.C. § 613a. This new statute clarified that “[t]he proceedings of a selection board convened under section .”
Darlene Lancaster v. Sec'y of the Navy (4th Cir. 2024). · cites it 2× “And second, he challenged the constitutionality of 10 U.S.C. § 613a, which privileges from disclosure in litigation the deliberations of selection boards responsible for promoting officers in the armed services.”
McGrady v. Winter (D.D.C. 2009). · cites it 2× “§ 618 (f) and replaced it with 10 U.S.C. § 613a. Section 618(f) had stated that “proceedings of a selection board convened under section 611(a) of this title may not be disclosed to any person not a member of the board.”
McGrady v. Winter (D.D.C. 2009). · cites it 2× “§ 618 (f) and replaced it with 10 U.S.C. § 613a. Section 618(f) had stated that “proceedings of a selection board convened under section 611(a) of this title may not be disclosed to any person not a member of the board.”
Show all 15 citing cases →
— 10 U.S.C. § 613a(a) — 2 cases
Galvin v. Harker (D.D.C. 2023). “at 8–9 (quoting 10 U.S.C. § 613a). Given the statutory scheme established by Congress for these types of decisions, defendants argue, the explanation given by the SSB—the statutorily mandated 6 The APA authorizes courts to set aside agency action found to be, among other things,…”
In Re: Navy Chaplaincy (D.D.C. 2018). “2083 , 2216 (2006), which repealed § 618(f) and replaced it with 10 U.S.C. § 613a. Section 613a clarified that “[t]he proceedings of a selection board convened under section .”
— 10 U.S.C. § 613a(b) — 1 case
In Re: Navy Chaplaincy (D.D.C. 2018). “2083 , 2216 (2006), which repealed § 618(f) and replaced it with 10 U.S.C. § 613a. Section 613a clarified that “[t]he proceedings of a selection board convened under section .”
— 10 U.S.C. § 613a(b)(3) — 2 cases
In Re Navy Chaplaincy, 850 F. Supp. 2d 86 (D.D.C. 2012). “The Court Denies Without Prejudice the Defendants’ Motion to Dismiss the Gibson Plaintiffs’ 10 U.S.C. § 613a Claims By way of background, under 10 U.”
In Re: Navy Chaplaincy (D.D.C. 2023). “Shortly after the district court’s ruling in Adair, Congress repealed § 618(f) and replaced it with 10 U.S.C. § 613a. This new statute clarified that “[t]he proceedings of a selection board convened under section .”
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