---
kind: "section"
citation: "10 U.S.C. § 613a"
title: "10"
title_heading: "Armed Forces"
number: "613a"
heading: "Nondisclosure of board proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/613a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 36 — Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List"
  - "Subchapter I — Selection Boards"
---

# §613a. Nondisclosure of board proceedings

- (a) **Prohibition on Disclosure.—** The proceedings of a selection board convened under section [573](/usc/10/573.md), [611](/usc/10/611.md), [628](/usc/10/628.md), or [20211](/usc/10/20211.md) of this title may not be disclosed to any [person](/usc/10/2700.md?p=2) not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in [section 552(b)(3) of title 5](/usc/5/552.md?p=b-3).
- (b) **Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—** The discussions and deliberations of a selection board described in [subsection (a)](#a) and any written or documentary [record](/usc/10/801.md?p=14) of such discussions and deliberations—
  - (1) are immune from legal process;
  - (2) may not be admitted as evidence; and
  - (3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned.
- (c) **Applicability.—** This section applies to all selection boards convened under section [573](/usc/10/573.md), [611](/usc/10/611.md), [628](/usc/10/628.md), or [20211](/usc/10/20211.md) of this title, regardless of the date on which the board was convened.

## Source credit

(Added Pub. L. 109–364, div. A, title V, § 547(a)(1), Oct. 17, 2006, 120 Stat. 2215; amended Pub. L. 111–383, div. A, title V, § 503(a), Jan. 7, 2011, 124 Stat. 4207; Pub. L. 118–31, div. A, title XVII, § 1722(b)(1), Dec. 22, 2023, 137 Stat. 668.)

## Notes

### Editorial Notes

### Amendments

2023—Subsecs. (a), (c). Pub. L. 118–31 substituted “573, 611, 628, or 20211” for “573, 611, or 628”.

2011—Subsec. (a). Pub. L. 111–383, § 503(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The proceedings of a selection board convened under section 611 this title may not be disclosed to any person not a member of the board.”

Subsec. (b). Pub. L. 111–383, § 503(a)(2), substituted “Notes, and Records” for “and Records” in heading.

Subsec. (c). Pub. L. 111–383, § 503(a)(3), added subsec. (c).

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 109–364, div. A, title V, § 547(c), Oct. 17, 2006, 120 Stat. 2216, provided that: “Section 613a of title 10, United States Code, as added by subsection (a), shall apply with respect to the proceedings of all selection boards convened under section 611 of that title, including selection boards convened before the date of the enactment of this Act [Oct. 17, 2006]. Section 14104 of such title, as amended by subsection (b), shall apply with respect to the proceedings of all selection boards convened under section 14101 of that title, including selection boards convened before the date of the enactment of this Act.”