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10 U.S.C. § 14110Reports of promotion boards: review by Secretary

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 239 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary reviews a promotion board's report to check it followed the law and guidelines. If the board followed the rules, the Secretary submits the report onward as required. If not, the Secretary sends it back with a written explanation for the board to fix.

(a) Review of Report. After receiving a promotion board's report under section 14109(a), the department's Secretary must review it to check whether the board acted against the law, a regulation, or the guidelines it was given under section 14107(a). If the Secretary doesn't find a problem described in subsection (b), the Secretary must submit the report as required by section 14111. (b) Return of Report for Further Proceedings. If the review shows the board did act against the law, a regulation, or its guidelines, the Secretary must send the report back to the board, along with a written explanation of why. Once the board (or, if needed, a later selection board convened under section 14101(a) for the same grade and competitive category) gets that returned report, it must hold whatever further proceedings are necessary to fix the report so it matches the law, regulations, and guidelines. It must then resend the corrected report to the Secretary, following the process in section 14109.
the actual law source: uscode.house.gov ↗public domain
(a)Review of Report.—

Upon receipt of the report of a promotion board submitted under section 14109(a) of this title, the Secretary of the military department concerned shall review the report to determine whether the board has acted contrary to law or regulation or to guidelines furnished the board under section 14107(a) of this title. Following that review, unless the Secretary concerned makes a determination as described in subsection (b), the Secretary shall submit the report as required by section 14111 of this title.

(b)Return of Report for Further Proceedings.—

If, on the basis of a review of the report under subsection (a), the Secretary of the military department concerned determines that the board acted contrary to law or regulation or to guidelines furnished the board under section 14107(a) of this title, the Secretary shall return the report, together with a written explanation of the basis for such determination, to the board for further proceedings. Upon receipt of a report returned by the Secretary concerned under this subsection, the selection board (or a subsequent selection board convened under section 14101(a) of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report to be consistent with law, regulation, and such guidelines and shall resubmit the report, as revised, to the Secretary in accordance with section 14109 of this title.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2929.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2929

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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