section 14101(a) of this title who is in the promotion zone
or above the promotion zone, or who is to be considered
by a vacancy promotion board, may send a written com-
munication to the board calling attention to any matter
concerning the officer which the officer considers impor-
tant to the officer’s case. Any such communication shall
be sent so as to arrive not later than the date on which
the board convenes. The board shall give consideration to
any timely communication under this section.
‘‘§ 14107. Information furnished by the Secretary con-
cerned to promotion boards
‘‘(a) INTEGRITY
OF
THE PROMOTION SELECTION
BOARD PROCESS.—(1) The Secretary of Defense shall
prescribe regulations governing information furnished to
selection boards convened under section 14101(a) of this
title. Those regulations shall apply uniformly among the
military departments. Any regulations prescribed by the
Secretary of a military department to supplement those
regulations may not take effect without the approval of
the Secretary of Defense in writing.
‘‘(2) No information concerning a particular eligible
officer may be furnished to a selection board except for
the following:
‘‘(A) Information that is in the officer’s official
military personnel file and that is provided to the se-
lection board in accordance with the regulations pre-
scribed by the Secretary of Defense pursuant to
paragraph (1).
‘‘(B) Other information that is determined by
the Secretary of the military department concerned,
after review by that Secretary in accordance with
standards and procedures set out in the regulations
prescribed by the Secretary of Defense pursuant to
paragraph (1), to be substantiated, relevant informa-
tion that could reasonably and materially affect the
deliberations of the promotion board.
‘‘(C) Subject to such limitations as may be pre-
scribed in those regulations, information commu-
nicated to the board by the officer in accordance
with this section, section 14106 of this title (includ-
ing any comment on information referred to in sub-
paragraph (A) regarding that officer), or other
applicable law.
‘‘(D) A factual summary of the information de-
scribed in subparagraphs (A), (B), and (C) that, in
accordance with the regulations prescribed pursuant
to paragraph (1) is prepared by administrative per-
sonnel for the purpose of facilitating the work of the
selection board.
‘‘(3) Information provided to a promotion board in
accordance with paragraph (2) shall be made available to
all members of the board and shall be made a part of the
record of the board. Communication of such information
shall be in a written form or in the form of an audio or
video recording. If a communication is in the form of an
audio or video recording, a written transcription of the re-
cording shall also be made a part of the record of the pro-
motion board.
‘‘(4) Paragraphs (2) and (3) do not apply to the fur-
nishing of appropriate administrative processing informa-
tion to the promotion board by an administrative staff des-
ignated to assist the board, but only to the extent that
oral communications are necessary to facilitate the work
of the board.
‘‘(5) Information furnished to a promotion board that
is described in subparagraph (B), (C), or (D) of paragraph
(2) may not be furnished to a later promotion board un-
less—
‘‘(A) the information has been properly placed
in the official military personnel file of the officer
concerned; or
‘‘(B) the information is provided to the later se-
lection board in accordance with paragraph (2).
‘‘(6)(A) Before information described in paragraph
(2)(B) regarding an eligible officer is furnished to a selec-
tion board, the Secretary of the military department con-
cerned shall ensure—
‘‘(i) that such information is made available to
such officer; and
‘‘(ii) that the officer is afforded a reasonable
opportunity to submit comments on that information
to the promotion board.
‘‘(B) If an officer cannot be given access to the infor-
mation referred to in subparagraph (A) because of its clas-
sification status, the officer shall, to the maximum extent
practicable, be furnished an appropriate summary of the
information.
‘‘(b) INFORMATION TO BE FURNISHED.—The Sec-
retary of the military department concerned shall furnish
to a promotion board convened under section 14101(a) of
this title the following:
‘‘(1) In the case of a mandatory promotion
board, the maximum number (as determined in ac-
cordance with section 14307 of this title) of officers
in each competitive category under consideration
that the board is authorized to recommend for pro-
motion to the next higher grade.
‘‘(2) The name of each officer in each competi-
tive category under consideration who is to be con-
sidered by the board for promotion.
‘‘(3) The pertinent records (as determined by
the Secretary) of each officer whose name is fur-
nished to the board.
‘‘(4) Information or guidelines relating to the
needs of the armed force concerned for officers hav-
ing particular skills, including (except in the case of
a vacancy promotion board) guidelines or informa-
tion relating to either a minimum number or a maxi-
mum number of officers with particular skills within
a competitive category.
‘‘(5) Such other information or guidelines as
the Secretary concerned may determine to be nec-
essary to enable the board to perform its functions.
‘‘(c) LIMITATION ON MODIFYING FURNISHED INFOR-
MATION.—Information or guidelines furnished to a selec-
tion board under subsection (a) may not be modified, with-
drawn, or supplemented after the board submits its report
to the Secretary of the military department concerned pur-
suant to section 14109(a) of this title. However, in the
case of a report returned to a board pursuant to section
14110(a) of this title for further proceedings because of
a determination by the Secretary of the military depart-
ment concerned that the board acted contrary to law, reg-
ulation, or guidelines, the Secretary may modify, with-
draw, or supplement such information or guidelines as
part of a written explanation to the board as provided in
that section.
‘‘(d) OFFICERS IN HEALTH-PROFESSIONS COMPETI-
TIVE CATEGORIES.—The Secretary of each military de-
partment, under uniform regulations prescribed by the
Secretary of Defense, shall include in guidelines furnished
to a promotion board convened under section 14101(a) of
this title that is considering officers in a health-professions
competitive category for promotion to a grade below colo-
nel or, in the case of officers of the Naval Reserve, cap-
tain, a direction that the board give consideration to an
officer’s clinical proficiency and skill as a health profes-
sional to at least as great an extent as the board gives
to the officer’s administrative and management skills.
‘‘§ 14108. Recommendations by promotion boards
‘‘(a) RECOMMENDATION OF BEST QUALIFIED OFFI-
CERS.—A promotion board convened under section
14101(a) of this title shall recommend for promotion to
the next higher grade those officers considered by the
board whom the board considers best qualified for pro-
motion within each competitive category considered by the
board or, in the case of a vacancy promotion board, among
those officers considered to fill a vacancy. In determining
those officers who are best qualified for promotion, the
board shall give due consideration to the needs of the
armed force concerned for officers with particular skills
(as noted in the guidelines or information furnished the
board under sections 14107 of this title).
‘‘(b) MAJORITY REQUIRED.—A promotion board con-
vened under section 14101(a) of this title may not rec-
ommend an officer for promotion unless—
‘‘(1) the officer receives the recommendation of
a majority of the members of the board; and
‘‘(2) a majority of the members of the board
finds that the officer is fully qualified for promotion.
‘‘(c) BOARD RECOMMENDATION REQUIRED FOR PRO-
MOTION.—Except as otherwise provided by law, an officer
on the reserve active-status list may not be promoted to
a higher grade under chapter 1405 of this title unless the
officer is considered and recommended for promotion to
that grade by a promotion board convened under section
14101(a) of this title (or by a special selection board con-
vened under section 14502 of this title).
‘‘(d) DISCLOSURE OF BOARD RECOMMENDATIONS.—
The recommendations of a promotion board may be dis-
closed only in accordance with regulations prescribed by
the Secretary of Defense. Those recommendations may