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

10 U.S.C. § 617

Reports of selection boards

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(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.(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, § 1623, Oct. 5, 1994, 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 NotesAmendments

2021—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 SubsidiariesEffective 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 Date

Section 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.

Notes of Decisions
Cited in 15 cases, 1996–2004 · leading case: Chisolm v. United States, 49 Fed. Cl. 614 (Fed. Cl. 2001).
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Chisolm v. United States, 49 Fed. Cl. 614 (Fed. Cl. 2001). · cites it 7× “” See 10 U.S.C. § 617 (a) (2000). In 1993, plaintiff became eligible for a promotion.”
Rear Admiral (Lh) Noel K. Dysart v. United States, 369 F.3d 1303 (Fed. Cir. 2004). “See 10 U.S.C. § 617 (2000). After reviewing the report, the Secretary submits the report “to the Secretary of Defense for transmittal to the President for his approval or disapproval.”
In re Gordon R. England, Sec'y of the Navy, 375 F.3d 1169 (D.C. Cir. 2004). “■ The promotion board reports its recommendations to the Secretary, 10 U.S.C. § 617 (a), who takes action on the report in accordance with Section 618.”
Fluellen v. United States, 44 Fed. Cl. 97 (Fed. Cl. 1999). · cites it 3× “10 U.S.C. § 617 (a) (1994). Plaintiff further complains that the random allotment of officer records to panels for ranking and scoring contravenes statutory authority because reserve officers do not necessarily sit on those panels considering reservists for promotion.”
Neptune v. United States, 38 Fed. Cl. 510 (Fed. Cl. 1997). · cites it 3× “10 U.S.C. § 617 (a) (1994) (emphasis added).”
King v. United States, 50 Fed. Cl. 701 (Fed. Cl. 2001). · cites it 2× “10 U.S.C. § 617 : (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…”
Ron L. Fluellen v. United States, 225 F.3d 1298 (Fed. Cir. 2000). “10 U.S.C. § 617 (a) (1994) (emphasis added).”
Walter D. Small v. United States, 158 F.3d 576 (Fed. Cir. 1998). “At the conclusion of each promotion board, the board formally submits a written report, pursuant to 10 U.S.C. § 617 , to the Secretary of the Air Force apprising him or her of the results of the promotion board’s session (the “Board Report”).”
Small v. United States, 36 Fed. Cl. 43 (Fed. Cl. 1996). · cites it 2× “§ 616 (c) and 10 U.S.C. § 617 (a), in particular, the underscored text.”
King v. United States, 53 F. App'x 930 (Fed. Cir. 2002). · cites it 2× “10 U.S.C. § 617 (a) (emphases added). First, Major King argues that the manner in which the promotion board determines which officers are “fully qualified” for promotion does not meet the requirement under 10 U.”
Small v. United States, 37 Fed. Cl. 149 (Fed. Cl. 1997). “§ 616 (c) and 10 U.S.C. § 617 (a), in particular, the underscored text.”
Campa v. United States, 300 F.3d 1361 (Fed. Cir. 2002). · cites it 3× “See 10 U.S.C. § 617 . Each board member signs this report, thereby certifying to the Secretary of the Air Force that all the candidates listed therein represent the “best qualified” for promotion.”
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