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10 U.S.C. § 14104Nondisclosure of board proceedings

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

Selection board proceedings can't be shared with anyone outside the board. Board discussions, notes, and records can't be used as evidence in court or other proceedings. This secrecy rule applies to every board convened under section 14101 or 14502, past and present.

(a) Prohibition on Disclosure. The proceedings of a selection board convened under section 14101 or 14502 cannot be shared with anyone who isn't a board member, except when needed to process the board's report. This ban counts as a specific statutory exemption from public disclosure under section 552(b)(3) of title 5 -- the Freedom of Information Act. (b) Prohibited Uses of Board Discussions, Deliberations, Notes, and Records. The board's discussions and deliberations, and any written or recorded version of them, get three protections: they cannot be forced out through legal process (like a subpoena); they cannot be admitted as evidence; and they cannot be used for any purpose in any lawsuit or administrative proceeding, unless the Secretary of the relevant military department agrees to it. (c) Applicability. This section covers every selection board ever convened under section 14101 or 14502, no matter when the board met.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2925
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2216
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4208

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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