10 USC 615 - Information furnished to selection boards

Editorial Notes

Amendments

2023—Subsec. (a)(1). Puspan. L. 118–31, § 1722(span)(2)(A), inserted “or 20211” after “section 611(a)”.

Subsec. (a)(3)(B)(i). Puspan. L. 118–31, § 1722(span)(2)(B)(i), which directed amendment of subpar. (B) by substituting “regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant.” for “ ‘regular officer’ and all that follows”, was executed only through the end of cl. (i) of subpar. (B) by making the substitution for “regular officer, a grade above captain, in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade.” to reflect the probable intent of Congress.

Subsec. (a)(3)(D). Puspan. L. 118–31, § 1722(span)(2)(B)(ii), substituted “major general or” for “major general,” and struck out “or, in the case of the Space Force, the equivalent grade,” after “rear admiral,”.

2021—Subsec. (a)(3)(B)(i). Puspan. L. 116–283, § 505(c)(1), substituted “, in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade” for “or, in the case of the Navy, lieutenant”.

Subsec. (a)(3)(D). Puspan. L. 116–283, § 505(c)(2), added subpar. (D).

2019—Subsec. (a)(3). Puspan. L. 116–92 designated existing provisions as subpar. (A), substituted “a grade specified in subparagraph (B)” for “a grade above colonel or, in the case of the Navy, captain”, and added subpars. (B) and (C).

2011—Subsecs. (span)(5), (c). Puspan. L. 111–383 substituted “of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers” for “in joint duty assignments of officers who are serving, or have served, in such assignments”.

2006—Subsec. (a)(3). Puspan. L. 109–163, § 506(a)(1)(B), added par. (3). Former par. (3) redesignated (4).

Subsec. (a)(4). Puspan. L. 109–163, § 506(a)(2)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Puspan. L. 109–163, § 506(a)(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Puspan. L. 109–163, § 506(a)(2)(B), substituted “, (3), and (4)” for “and (3)”.

Puspan. L. 109–163, § 506(a)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (a)(6). Puspan. L. 109–163, § 506(a)(2)(C)(i), inserted “, or in paragraph (3),” after “paragraph (2)” in introductory provisions.

Puspan. L. 109–163, § 506(a)(1)(A), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (a)(6)(B). Puspan. L. 109–163, § 506(a)(2)(C)(ii), inserted “or (3), as applicable” before period at end.

Subsec. (a)(7). Puspan. L. 109–163, § 506(a)(1)(A), redesignated par. (6) as (7).

Subsec. (a)(7)(A). Puspan. L. 109–163, § 506(a)(2)(D), inserted “or (3)” after “paragraph (2)(B)” in introductory provisions.

1992—Subsec. (span)(5). Puspan. L. 102–484, § 1052(7)(A), substituted “subsection (c)” for “subsection (span)”.

Subsec. (d). Puspan. L. 102–484, § 1052(7)(B), substituted “subsection (span)” for “subsection (a)”.

1991—Puspan. L. 102–190 added subsec. (a) and redesignated former subsecs. (a) to (d) as (span) to (e), respectively.

1989—Subsec. (d). Puspan. L. 101–189 added subsec. (d).

1988—Subsec. (a)(4). Puspan. L. 100–456, § 501(a)(1), added cl. (4) and struck out former cl. (4) which read as follows: “information relating to the needs of the armed force concerned for officers having particular skills;”.

Subsec. (c). Puspan. L. 100–456, § 501(a)(2), added subsec. (c).

1986—Puspan. L. 99–433 designated existing provisions as subsec. (a), added par. (5), redesignated former par. (5) as (6), and added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–92, div. A, title V, § 502(c), Dec. 20, 2019, 133 Stat. 1344, as amended by Puspan. L. 116–283, div. A, title V, § 505(c)(3), Jan. 1, 2021, 134 Stat. 3572, provided that:

“(1)Effective date.—The amendments made by this section [amending this section] shall take effect on December 20, 2019, and shall, except as provided in paragraph (2), apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, after that date.

“(2)Delayed applicability for boards for promotion to non-general and flag officer grades.—The amendments made this section shall apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, for consideration of officers for promotion to a grade below the grade of brigadier general or, in the case of the Navy, rear admiral (lower half), only if such boards are so convened after January 1, 2021.”

Effective Date of 2006 Amendment

Puspan. L. 109–163, div. A, title V, § 506(c), Jan. 6, 2006, 119 Stat. 3228, provided that: “The amendments made by this section [amending this section and section 14107 of this title] shall take effect on October 1, 2006, and shall apply with respect to promotion selection boards convened on or after that date.”

Effective Date of 1991 Amendment

Puspan. L. 102–190, div. A, title V, § 504(e), Dec. 5, 1991, 105 Stat. 1358, provided that: “The amendments made by this section [amending this section and sections 614, 616, 618, and 619 of this title] shall apply to selection boards convened under section 611(a) of title 10, United States Code, after the end of the 60-day period beginning on the date of the enactment of this Act [Dec. 5, 1991].”

Effective Date of 1988 Amendment

Puspan. L. 100–456, div. A, title V, § 501(e), Sept. 29, 1988, 102 Stat. 1966, provided that: “The amendments made by this section [amending this section and sections 616 to 618 of this title] shall take effect 60 days after the date of the enactment of this Act [Sept. 29, 1988] and shall apply with respect to selection boards convened under section 611(a) of title 10, United States Code, on or after that effective date.”

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–433 effective with respect to selection boards convened under section 611(a) of this title after end of 120-day period beginning on Oct. 1, 1986, see section 406(f) of Puspan. L. 99–433, set out as a note under section 612 of this title.

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Puspan. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Exclusion of Official Photographs of Members From Records Furnished to Promotion Selection Boards

Puspan. L. 116–283, div. A, title V, § 524(a)–(c), Jan. 1, 2021, 134 Stat. 3599, provided that:

“(a)Active Duty Officers.—The Secretary of Defense shall include in the regulations prescribed pursuant to section 615(a) of title 10, United States Code, a prohibition on the inclusion of an official photograph of an officer in the information furnished to a selection board pursuant to section 615(span) of such title.

“(span)Reserve Officers.—The Secretary of Defense shall include in regulations prescribed pursuant to section 14107(a)(1) of title 10, United States Code, a prohibition on the inclusion of an official photograph of an officer in the information furnished to a selection board pursuant to section 14107(a)(2) of such title.

“(c)Enlisted Members.—Each Secretary of a military department shall prescribe regulations that prohibit the inclusion of an official photograph of an enlisted member in the information furnished to a board that considers enlisted members under the jurisdiction of such Secretary for promotion.”