---
kind: "section"
citation: "10 U.S.C. § 14107"
title: "10"
title_heading: "Armed Forces"
number: "14107"
heading: "Information furnished by the Secretary concerned to promotion boards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14107"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1403 — Selection Boards"
---

# §14107. Information furnished by the Secretary concerned to promotion boards

- (a) **Integrity of the Promotion Selection Board Process.—**
  - (1) The [Secretary](/usc/10/12521.md?p=4) of Defense shall prescribe regulations governing information furnished to selection boards convened under [section 14101(a) of this title](/usc/10/14101.md?p=a). Those regulations shall apply uniformly among the [military departments](/usc/10/101.md?p=a-8). Any regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of a military [department](/usc/10/12521.md?p=5) to supplement those regulations may not take effect without the approval of the [Secretary](/usc/10/12521.md?p=4) of Defense in writing.
  - (2) No information concerning a particular eligible [officer](/usc/10/101.md?p=b-1) may be furnished to a selection board except for the following:
    - (A) Information that is in the [officer](/usc/10/101.md?p=b-1)’s official military personnel file and that is provided to the selection board in accordance with the regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense pursuant to [paragraph (1)](#a-1).
    - (B) Other information that is determined by the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned, after review by that [Secretary](/usc/10/12521.md?p=4) in accordance with standards and procedures set out in the regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense pursuant to [paragraph (1)](#a-1), to be substantiated, relevant information that could reasonably and materially affect the deliberations of the promotion board.
    - (C) Subject to such limitations as may be prescribed in those regulations, information communicated to the board by the [officer](/usc/10/101.md?p=b-1) in accordance with this section, [section 14106 of this title](/usc/10/14106.md) (including any comment on information referred to in [subparagraph (A)](#a-2-A) regarding that [officer](/usc/10/101.md?p=b-1)), or other applicable law.
    - (D) A factual summary of the information described in subparagraphs [(A)](#a-2-A), [(B)](#a-2-B), and [(C)](#a-2-C) that, in accordance with the regulations prescribed pursuant to [paragraph (1)](#a-1) is prepared by administrative personnel for the purpose of facilitating the work of the selection board.
  - (3)
    - (A) In the case of an eligible [officer](/usc/10/101.md?p=b-1) considered for promotion to a [grade](/usc/10/101.md?p=b-7) above lieutenant colonel, or, in the case of the Navy, commander, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense pursuant to [paragraph (1)](#a-1).
    - (B) The standards and procedures referred to in [subparagraph (A)](#a-3-A) shall require the furnishing to the selection board, and to each individual member of the board, the information described in that subparagraph with regard to an [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) specified in that subparagraph at each stage or phase of the selection board, concurrent with the screening, [rating](/usc/10/101.md?p=b-9), assessment, evaluation, discussion, or other consideration by the board or member of the official military personnel file of the [officer](/usc/10/101.md?p=b-1), or of the [officer](/usc/10/101.md?p=b-1).
    - (C) With respect to the consideration of an [officer](/usc/10/101.md?p=b-1) for promotion to a [grade](/usc/10/101.md?p=b-7) at or below major general or, in the Navy, rear admiral, the requirements in subparagraphs [(A)](#a-3-A) and [(B)](#a-3-B) may be met through the convening and actions of a special selection board with respect to the [officer](/usc/10/101.md?p=b-1) under [section 14502a of this title](/usc/10/14502a.md).
  - (4) Information provided to a promotion board in accordance with paragraphs [(2)](#a-2) and [(3)](#a-3) 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 recording shall also be made a part of the record of the promotion board.
  - (5) Paragraphs [(2)](#a-2), [(3)](#a-3), and [(4)](#a-4) do not apply to the furnishing of appropriate administrative processing information to the promotion board by an administrative staff designated to assist the board, but only to the extent that oral communications are necessary to facilitate the work of the board.
  - (6) Information furnished to a promotion board that is described in subparagraph [(B)](#a-2-B), [(C)](#a-2-C), or [(D)](#a-2-D) of paragraph (2), or in [paragraph (3)](#a-3), may not be furnished to a later promotion board unless—
    - (A) the information has been properly placed in the official military personnel file of the [officer](/usc/10/101.md?p=b-1) concerned; or
    - (B) the information is provided to the later selection board in accordance with paragraph [(2)](#a-2) or [(3)](#a-3), as applicable.
  - (7)
    - (A) Before information described in paragraph [(2)(B)](#a-2-B) or [(3)](#a-3) regarding an eligible [officer](/usc/10/101.md?p=b-1) is furnished to a selection board, the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned shall ensure—
      - (i) that such information is made available to such [officer](/usc/10/101.md?p=b-1); and
      - (ii) that the [officer](/usc/10/101.md?p=b-1) is afforded a reasonable opportunity to submit comments on that information to the promotion board.
    - (B) If an [officer](/usc/10/101.md?p=b-1) cannot be given access to the information referred to in [subparagraph (A)](#a-7-A) because of its classification status, the [officer](/usc/10/101.md?p=b-1) shall, to the maximum extent practicable, be furnished an appropriate summary of the information.
- (b) **Information To Be Furnished.—** The [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned shall furnish to a promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) the following:
  - (1) In the case of a mandatory promotion board, the maximum number (as determined in accordance with [section 14307 of this title](/usc/10/14307.md)) of [officers](/usc/10/101.md?p=b-1) in each competitive category under consideration that the board is authorized to recommend for promotion to the next higher [grade](/usc/10/101.md?p=b-7).
  - (2) The name of each [officer](/usc/10/101.md?p=b-1) in each competitive category under consideration who is to be considered by the board for promotion.
  - (3) The pertinent records (as determined by the [Secretary](/usc/10/12521.md?p=4)) of each [officer](/usc/10/101.md?p=b-1) whose name is furnished to the board.
  - (4) Information or guidelines relating to the needs of the armed force concerned for [officers](/usc/10/101.md?p=b-1) having particular skills, including (except in the case of a vacancy promotion board) guidelines or information relating to either a minimum number or a maximum number of [officers](/usc/10/101.md?p=b-1) with particular skills within a competitive category.
  - (5) Such other information or guidelines as the [Secretary concerned](/usc/10/101.md?p=a-9) may determine to be necessary to enable the board to perform its functions.
- (c) **Limitation on Modifying Furnished Information.—** Information or guidelines furnished to a selection board under [subsection (a)](#a) may not be modified, withdrawn, or supplemented after the board submits its report to the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned pursuant to [section 14109(a) of this title](/usc/10/14109.md?p=a). However, in the case of a report returned to a board pursuant to [section 14110(a) of this title](/usc/10/14110.md?p=a) for further proceedings because of a determination by the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned that the board acted contrary to law, regulation, or guidelines, the [Secretary](/usc/10/12521.md?p=4) may modify, withdraw, 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 Competitive Categories.—** The [Secretary](/usc/10/12521.md?p=4) of each military [department](/usc/10/12521.md?p=5), under uniform regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, shall include in guidelines furnished to a promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) that is considering [officers](/usc/10/101.md?p=b-1) in a health-professions competitive category for promotion to a [grade](/usc/10/101.md?p=b-7) below colonel or, in the case of [officers](/usc/10/101.md?p=b-1) of the Navy [Reserve](/usc/10/101.md?p=c-6), captain, a direction that the board give consideration to an [officer](/usc/10/101.md?p=b-1)’s clinical proficiency and skill as a health professional to at least as great an extent as the board gives to the [officer](/usc/10/101.md?p=b-1)’s administrative and management skills.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2926; amended Pub. L. 109–163, div. A, title V, §§ 506(b), 515(b)(1)(QQ), Jan. 6, 2006, 119 Stat. 3227, 3234; Pub. L. 116–283, div. A, title V, § 505(d), Jan. 1, 2021, 134 Stat. 3573.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in subsec. (b) of this section were contained in section 5895 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).

### Amendments

2021—Subsec. (a)(3)(A). Pub. L. 116–283, § 505(d)(2), which directed amendment of subpar. (A) by substituting “lieutenant colonel, or, in the case of the Navy, commander” for “colonel, or, in the case of the Navy, captain”, was executed by making the substitution for “colonel or, in the case of the Navy, captain” to reflect the probable intent of Congress.

Pub. L. 116–283, § 505(d)(1), designated existing provisions of par. (3) as subpar. (A).

Subsec. (a)(3)(B), (C). Pub. L. 116–283, § 505(d)(3), added subpars. (B) and (C).

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

Subsec. (a)(4). Pub. L. 109–163, § 506(b)(1)(A), (2)(A), redesignated par. (3) as (4) and substituted “paragraphs (2) and (3)” for “paragraph (2)”. Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 109–163, § 506(b)(1)(A), (2)(B), redesignated par. (4) as (5) and substituted “, (3), and (4)” for “and (3)”. Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 109–163, § 506(b)(1)(A), (2)(C)(i), redesignated par. (5) as (6) and inserted “, or in paragraph (3),” after “paragraph (2)” in introductory provisions. Former par. (6) redesignated (7).

Subsec. (a)(6)(B). Pub. L. 109–163, § 506(b)(2)(C)(ii), inserted “or (3), as applicable” after “paragraph (2)”.

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

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

Subsec. (d). Pub. L. 109–163, § 515(b)(1)(QQ), substituted “Navy Reserve” for “Naval Reserve”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Amendment by section 506(b) of Pub. L. 109–163 effective Oct. 1, 2006, and applicable with respect to promotion selection boards convened on or after that date, see section 506(c) of Pub. L. 109–163, set out as a note under section 615 of this title.

### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.