---
kind: "section"
citation: "10 U.S.C. § 14502"
title: "10"
title_heading: "Armed Forces"
number: "14502"
heading: "Special selection boards: correction of errors"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14502"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1407 — Failure of Selection for Promotion and Involuntary Separation"
---

# §14502. Special selection boards: correction of errors

- (a) **Officers Not Considered Because of Administrative Error.—**
  - (1) In the case of an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) who the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned determines was not considered for selection for promotion from in or above the promotion zone by a mandatory promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) because of administrative error, the [Secretary concerned](/usc/10/101.md?p=a-9) shall convene a special selection board under this subsection to determine whether such [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) should be recommended for promotion. Any such board shall be convened under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense and shall be appointed and composed in accordance with [section 14102 of this title](/usc/10/14102.md) and shall include the representation of competitive categories required by that section. The members of a board convened under this subsection shall be required to take an oath in the same manner as prescribed in [section 14103 of this title](/usc/10/14103.md).
  - (2) A special selection board convened under this subsection shall consider the record of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) as that record would have appeared to the promotion board that should have considered the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1). That record shall be compared with a sampling of the records of those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were recommended for promotion and those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were not recommended for promotion by that board.
  - (3) If a special selection board convened under [paragraph (1)](#a-1) does not recommend for promotion an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) below the [grade](/usc/10/101.md?p=b-7) of colonel or, in the case of an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) of the Navy, captain, whose name was referred to it for consideration, the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) shall be considered to have failed of selection for promotion.
- (b) **Officers Considered But Not Selected; Material Error.—**
  - (1) In the case of an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) who was eligible for promotion and was considered for selection for promotion from in or above the promotion zone under this chapter by a mandatory promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) but was not selected, the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned may, under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, convene a special selection board under this subsection to determine whether the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) should be recommended for promotion, if the [Secretary](/usc/10/12521.md?p=4) determines that—
    - (A) the action of the mandatory promotion board that considered the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) was contrary to law in a matter material to the decision of the board or involved material error of fact or material administrative error; or
    - (B) the mandatory promotion board did not have before it for its consideration material information.
  - (2) A special selection board convened under [paragraph (1)](#b-1) shall be appointed and composed in accordance with [section 14102 of this title](/usc/10/14102.md) (including the representation of competitive categories required by that section), and the members of such a board shall take an oath in the same manner as prescribed in [section 14103 of this title](/usc/10/14103.md).
  - (3) The special selection board shall consider the record of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) as that record, if corrected, would have appeared to the mandatory promotion board that considered the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1). That record shall be compared with a sampling of the records of those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were recommended for promotion and those [officers](/usc/10/101.md?p=b-1) of the same [grade](/usc/10/101.md?p=b-7) and competitive category who were not recommended for promotion by that board.
  - (4) If a special selection board convened under [paragraph (1)](#b-1) does not recommend for promotion an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of lieutenant colonel or commander or below whose name was referred to it for consideration, the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) shall be considered to have failed of selection for promotion by the board which did consider the [officer](/usc/10/101.md?p=b-1) but incurs no additional failure of selection for promotion from the action of the special selection board.
- (c) **Report.—** Each special selection board convened under this section shall submit to the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned a written report, signed by each member of the board, containing the name of each [officer](/usc/10/101.md?p=b-1) it recommends for promotion and certifying that the board has considered carefully the record of each [officer](/usc/10/101.md?p=b-1) whose name was referred to it.
- (d) **Applicable Provisions.—** The provisions of sections [14104](/usc/10/14104.md), [14109](/usc/10/14109.md), [14110](/usc/10/14110.md), and [14111](/usc/10/14111.md) of this title apply to the report and proceedings of a special selection board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a).
- (e) **Appointment of Officers Recommended for Promotion.—**
  - (1) An [officer](/usc/10/101.md?p=b-1) whose name is placed on a promotion list as a result of recommendation for promotion by a special selection board convened under this section, shall, as soon as practicable, be appointed to the next higher [grade](/usc/10/101.md?p=b-7) in accordance with the law and policies which would have been applicable had he been recommended for promotion by the board which should have considered or which did consider him.
  - (2) An [officer](/usc/10/101.md?p=b-1) who is promoted to the next higher [grade](/usc/10/101.md?p=b-7) as the result of the recommendation of a special selection board convened under this section shall, upon such promotion, have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for the [pay](/usc/10/101.md?p=a-15) and allowances of that [grade](/usc/10/101.md?p=b-7), and the same position on the [reserve active-status list](/usc/10/101.md?p=c-7) as the [officer](/usc/10/101.md?p=b-1) would have had if the [officer](/usc/10/101.md?p=b-1) had been recommended for promotion to that [grade](/usc/10/101.md?p=b-7) by the selection board which should have considered, or which did consider, the [officer](/usc/10/101.md?p=b-1).
  - (3) If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher [grade](/usc/10/101.md?p=b-7) an [officer](/usc/10/101.md?p=b-1) not currently eligible for promotion or a former [officer](/usc/10/101.md?p=b-1) whose name was referred to it for consideration, the [Secretary concerned](/usc/10/101.md?p=a-9) may act under [section 1552 of this title](/usc/10/1552.md) to correct the military record of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) to correct an error or remove an injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the [officer](/usc/10/101.md?p=b-1).
- (f) **Time Limits for Consideration.—** The [Secretary](/usc/10/12521.md?p=4) of Defense may prescribe by regulation the circumstances under which consideration by a special selection board is contingent upon application for consideration by an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) and time limits within which an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) must make such application in order to be considered by a special selection board under this section.
- (g) **Limitation of Other Jurisdiction.—** No official or court of the [United States](/usc/10/101.md?p=a-1) shall have power or jurisdiction—
  - (1) over any claim based in any way on the failure of an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4) to be selected for promotion by a selection board convened under [chapter 1403](/usc/10/chstE/ptIII/ch1403.md) of this title until—
    - (A) the claim has been referred to a special selection board by the [Secretary concerned](/usc/10/101.md?p=a-9) and acted upon by that board; or
    - (B) the claim has been rejected by the [Secretary](/usc/10/12521.md?p=4) without consideration by a special selection board; or
  - (2) to grant any relief on such a claim unless the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) has been selected for promotion by a special selection board convened under this section to consider the [officer](/usc/10/101.md?p=b-1)’s claim.
- (h) **Judicial Review.—**
  - (1) A court of the [United States](/usc/10/101.md?p=a-1) may review a determination by the [Secretary concerned](/usc/10/101.md?p=a-9) under subsection [(a)(1)](#a-1), [(b)(1)](#b-1), or [(e)(3)](#e-3) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the [Secretary concerned](/usc/10/101.md?p=a-9), who shall provide for consideration of the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) by a special selection board under this section.
  - (2) If a court finds that the action of a special selection board which considers an [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) was contrary to law or involved material error of fact or material administrative error, it shall remand the case to the [Secretary concerned](/usc/10/101.md?p=a-9), who shall provide the [officer](/usc/10/101.md?p=b-1) or former [officer](/usc/10/101.md?p=b-1) reconsideration by a new special selection board.
- (i) **Designation of Boards.—** The [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned may designate a promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) as a special selection board convened under this section. A board so designated may function in both capacities.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2947; amended Pub. L. 107–107, div. A, title V, § 505(c)(3)(B), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 109–364, div. A, title V, § 514(b), Oct. 17, 2006, 120 Stat. 2185; Pub. L. 114–92, div. A, title V, §§ 502(c)(2), 512, Nov. 25, 2015, 129 Stat. 807, 809.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 5904 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).

### Amendments

2015—Subsec. (a)(1). Pub. L. 114–92, § 502(c)(2), struck out “or whose name was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,” after “administrative error,”.

Subsec. (b)(1). Pub. L. 114–92, § 512(1), substituted “a mandatory promotion board convened under section 14101(a) of this title” for “a selection board” in introductory provisions and “mandatory promotion board” for “selection board” in subpars. (A) and (B).

Subsec. (b)(3). Pub. L. 114–92, § 512(2), in first sentence, substituted “The special selection board” for “Such board” and “mandatory promotion board” for “selection board”.

2006—Subsec. (b)(1)(A). Pub. L. 109–364 inserted “in a matter material to the decision of the board” after “contrary to law”.

2001—Subsec. (a)(1). Pub. L. 107–107 inserted “or whose name was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,” after “because of administrative error,”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Amendment by Pub. L. 109–364 effective Mar. 1, 2007, and applicable with respect to selection boards convened on or after that date, see section 514(c) of Pub. L. 109–364, set out as a note under section 628 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.