10 U.S.C. § 14101 — Convening of selection boards

(a) Promotion Boards. (1) When the Army^*, Navy, Air Force, or Marine Corps needs it, the Secretary of that department can convene a "selection board" to recommend officers for promotion to the next higher grade^* under chapter 1405. This applies to officers on the reserve active-status list^* who hold a permanent grade from first lieutenant through brigadier general (or, in the Navy Reserve, lieutenant junior grade through rear admiral lower half). This kind of board is called a "promotion board."

(2) A promotion board is called a "vacancy promotion board" if it's convened to recommend Army or Air Force reserve officers either to fill a specific position opening under section 14315, or for promotion to brigadier general or major general. Any other promotion board is called a "mandatory promotion board."

(3) There's one exception to needing a board at all: for officers in the permanent grade of first lieutenant (or, in the Navy, lieutenant junior grade), no board is required if the Secretary instead recommends for promotion, under section 14308(b)(4), every single officer^* in that grade whom the Secretary finds fully qualified.

(b) Selective Early Separation Boards. Separately, whenever the needs of the Army, Navy, Air Force, or Marine Corps call for it, the Secretary of that department may convene a selection board to recommend officers either for selective early removal from the reserve active-status list under section 14704, or for selective early retirement under section 14705.