2013 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components (§§ 10001 - 18506)
Part III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST (§§ 14001 - 14907)
Chapter 1403 - SELECTION BOARDS (§§ 14101 - 14112)
Section 14108 - Recommendations by promotion boards
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle E - Reserve Components PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST CHAPTER 1403 - SELECTION BOARDS Sec. 14108 - Recommendations by promotion boards |
Contains | section 14108 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2928; amended Pub. L. 109-364, div. A, title V, §512(b), Oct. 17, 2006, 120 Stat. 2184. |
Statutes at Large References | 108 Stat. 2928 120 Stat. 2184 |
Public Law References | Public Law 103-337, Public Law 109-364 |
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(a)
(b)
(1) the officer receives the recommendation of a majority of the members of the board;
(2) a majority of the members of the board finds that the officer is fully qualified for promotion; and
(3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under section 14107 of this title, finds that the officer is among the officers best qualified for promotion to meet the needs of the armed force concerned consistent with the requirement of exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable.
(c)
(d)
(e)
(1) censure, reprimand, or admonish the selection board or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within the authorized discretion of the board; or
(2) attempt to coerce or, by any unauthorized means, influence any action of a promotion board or any member of a promotion board in the formulation of the board's recommendations.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2928; amended Pub. L. 109–364, div. A, title V, §512(b), Oct. 17, 2006, 120 Stat. 2184.)
PRIOR PROVISIONSProvisions similar to those in this section were contained in sections 3362(e), 5893(c), 5896, and 8362(e) of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (b)(2), (c)(1).
AMENDMENTS2006—Subsec. (b). Pub. L. 109–364, §512(b)(1), substituted "Actions" for "Majority" in heading.
Subsec. (b)(3). Pub. L. 109–364, §512(b)(2)–(4), added par. (3).
EFFECTIVE DATE OF 2006 AMENDMENTAmendment by Pub. L. 109–364 effective Oct. 17, 2006, and applicable with respect to selection boards convened on or after that date, see section 512(c) of Pub. L. 109–364, set out as a note under section 616 of this title.
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