---
kind: "section"
citation: "10 U.S.C. § 628a"
title: "10"
title_heading: "Armed Forces"
number: "628a"
heading: "Special selection review boards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/628a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 36 — Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List"
  - "Subchapter III — Failure of Selection for Promotion and Retirement for Years of Service"
---

# §628a. Special selection review boards

- (a) **In General.—**
  - (1)
    - (A) If 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 determines that a [person](/usc/10/2700.md?p=2) recommended by a promotion board for promotion to a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in [section 615(a)(3)(A) of this title](/usc/10/615.md?p=a-3-A), that was not furnished to the promotion board during its consideration of the [person](/usc/10/2700.md?p=2) for promotion as otherwise required by such section, the [Secretary](/usc/10/4951.md?p=3) shall convene a special selection review board under this section to review the [person](/usc/10/2700.md?p=2) and recommend whether the recommendation for promotion of the [person](/usc/10/2700.md?p=2) should be sustained.
    - (B) Nothing in this section shall be construed to prevent a [Secretary concerned](/usc/10/2801.md?p=c-5) from deferring consideration of adverse information concerning an [officer](/usc/10/101.md?p=b-1) subject to this section until the next regularly scheduled promotion board applicable to such [officer](/usc/10/101.md?p=b-1), in lieu of furnishing such adverse information to a special selection review board under this section.
  - (2) If a [person](/usc/10/2700.md?p=2) and the recommendation for promotion of the [person](/usc/10/2700.md?p=2) is subject to review under this section by a special selection review board convened under this section, the name of the [person](/usc/10/2700.md?p=2)—
    - (A) shall not be disseminated or publicly released on the list of [officers](/usc/10/101.md?p=b-1) recommended for promotion by the promotion board recommending the promotion of the [person](/usc/10/2700.md?p=2); and
    - (B) shall not be forwarded for appointment or nomination to the [Secretary](/usc/10/4951.md?p=3) of Defense, the President, or the Senate, as applicable.
- (b) **Convening.—**
  - (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of [section 628(f) of this title](/usc/10/628.md?p=f).
  - (2) Any special selection review board convened under this section may review such number of [persons](/usc/10/2700.md?p=2), and recommendations for promotion of such [persons](/usc/10/2700.md?p=2), as 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 shall specify in convening such special selection review board.
- (c) **Information Considered.—**
  - (1) In reviewing a [person](/usc/10/2700.md?p=2) and recommending whether the recommendation for promotion of the [person](/usc/10/2700.md?p=2) should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following:
    - (A) The [record](/usc/10/801.md?p=14) and information concerning the [person](/usc/10/2700.md?p=2) furnished in accordance with [section 615(a)(2) of this title](/usc/10/615.md?p=a-2) to the promotion board that recommended the [person](/usc/10/2700.md?p=2) for promotion.
    - (B) Any credible information of an adverse nature on the [person](/usc/10/2700.md?p=2), including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in [section 615(a)(3)(A) of this title](/usc/10/615.md?p=a-3-A).
  - (2) The furnishing of information to a special selection review board under [paragraph (1)(B)](#c-1-B) shall be governed by the [standards](/usc/10/3011.md?p=3) and procedures referred to in paragraph (3)(C) of [section 615(a) of this title](/usc/10/615.md?p=a) applicable to the furnishing of information described in [paragraph (3)(A)](/usc/10/615.md?p=a-3-A) of such section to selection boards in accordance with that section.
  - (3)
    - (A) Before information on a [person](/usc/10/2700.md?p=2) described in [paragraph (1)(B)](#c-1-B) is furnished to a special selection review board for purposes of this section, 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 shall ensure that—
      - (i) such information is made available to the [person](/usc/10/2700.md?p=2); and
      - (ii) subject to subparagraphs [(C)](#c-3-C) and [(D)](#c-3-D), the [person](/usc/10/2700.md?p=2) is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the [person](/usc/10/2700.md?p=2) and the recommendation for promotion of the [person](/usc/10/2700.md?p=2) under this section.
    - (B) If information on a [person](/usc/10/2700.md?p=2) described in [paragraph (1)(B)](#c-1-B) is not made available to the [person](/usc/10/2700.md?p=2) as otherwise required by [subparagraph (A)(i)](#c-3-A-i) due to the classification status of such information, the [person](/usc/10/2700.md?p=2) shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the [person](/usc/10/2700.md?p=2)’s authorization for access to [classified information](/usc/10/801.md?p=15).
    - (C)
      - (i) An opportunity to submit comments on information is not required for a [person](/usc/10/2700.md?p=2) under [subparagraph (A)(ii)](#c-3-A-ii) if—
        - (I) such information was made available to the [person](/usc/10/2700.md?p=2) in connection with the furnishing of such information under [section 615(a) of this title](/usc/10/615.md?p=a) to the promotion board that recommended the promotion of the [person](/usc/10/2700.md?p=2) subject to review under this section; and
        - (II) the [person](/usc/10/2700.md?p=2) submitted comments on such information to that promotion board.
      - (ii) The comments on information of a [person](/usc/10/2700.md?p=2) described in [clause (i)(II)](#c-3-C-i-II) shall be furnished to the special selection review board.
    - (D) A [person](/usc/10/2700.md?p=2) may waive either or both of the following:
      - (i) The right to submit comments to a special selection review board under [subparagraph (A)(ii)](#c-3-A-ii).
      - (ii) The furnishing of comments to a special selection review board under [subparagraph (C)(ii)](#c-3-C-ii).
- (d) **Consideration.—**
  - (1) In considering the [record](/usc/10/801.md?p=14) and information on a [person](/usc/10/2700.md?p=2) under this section, the special selection review board shall compare such [record](/usc/10/801.md?p=14) and information with an appropriate sampling of the [records](/usc/10/801.md?p=14) of those [officers](/usc/10/101.md?p=b-1) of the same competitive category who were recommended for promotion by the promotion board that recommended the [person](/usc/10/2700.md?p=2) for promotion, and an appropriate sampling of the [records](/usc/10/801.md?p=14) of those [officers](/usc/10/101.md?p=b-1) who were considered by and not recommended for promotion by that promotion board.
  - (2) [Records](/usc/10/801.md?p=14) and information shall be presented to a special selection review board for purposes of [paragraph (1)](#d-1) in a manner that does not indicate or disclose the [person](/usc/10/2700.md?p=2) or [persons](/usc/10/2700.md?p=2) for whom the special selection review board was convened.
  - (3) In considering whether the recommendation for promotion of a [person](/usc/10/2700.md?p=2) should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply [standards](/usc/10/3011.md?p=3) used by the promotion board that recommended the [person](/usc/10/2700.md?p=2) for promotion.
  - (4) The recommendation for promotion of a [person](/usc/10/2700.md?p=2) may be sustained under this section only if the special selection review board determines that the [person](/usc/10/2700.md?p=2)—
    - (A) [ranks](/usc/10/101.md?p=b-8) in the upper half of an order of merit created by the special selection review board or [ranks](/usc/10/101.md?p=b-8) on an order of merit created by the special selection review board as better qualified for promotion than the sample [officer](/usc/10/101.md?p=b-1) highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and
    - (B) is comparable in qualification for promotion to those sample [officers](/usc/10/101.md?p=b-1) who were recommended for promotion by that promotion board.
  - (5) A recommendation for promotion of a [person](/usc/10/2700.md?p=2) may be sustained under this section only by a vote of a majority of the members of the special selection review board.
  - (6) If a special selection review board does not sustain a recommendation for promotion of a [person](/usc/10/2700.md?p=2) under this section, the [person](/usc/10/2700.md?p=2) shall be considered to have failed of selection for promotion.
- (e) **Reports.—**
  - (1) Each special selection review board convened under this section shall submit to 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 a written report, signed by each member of the board, containing the name of each [person](/usc/10/2700.md?p=2) whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the [record](/usc/10/801.md?p=14) and information of each [person](/usc/10/2700.md?p=2) whose name was referred to it.
  - (2) The provisions of sections [617(b)](/usc/10/617.md?p=b) and [618](/usc/10/618.md) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under [section 611(a) of this title](/usc/10/611.md?p=a). However, in the case of an [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list, the provisions of sections [618](/usc/10/618.md), [20215](/usc/10/20215.md), and [20216](/usc/10/20216.md) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under [section 20211 of this title](/usc/10/20211.md).
- (f) **Appointment of Persons.—**
  - (1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher [grade](/usc/10/101.md?p=b-7) of a [person](/usc/10/2700.md?p=2) whose name was referred to it for review under this section, and the President approves the report, the [person](/usc/10/2700.md?p=2) shall, as soon as practicable, be appointed to that [grade](/usc/10/101.md?p=b-7) in accordance with subsections (b) and (c) of [section 624 of this title](/usc/10/624.md). However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list who was referred to it for review under this section, and the President approves the report, the [officer](/usc/10/101.md?p=b-1) shall, as soon as practicable, be appointed to the [grade](/usc/10/101.md?p=b-7) in accordance with subsections (b) and (c) of [section 20252 of this title](/usc/10/20252.md).
  - (2) A [person](/usc/10/2700.md?p=2) who is appointed to the next higher [grade](/usc/10/101.md?p=b-7) as described in [paragraph (1)](#f-1) shall, upon that appointment, 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 [active-duty list](/usc/10/101.md?p=b-13) as the [person](/usc/10/2700.md?p=2) would have had pursuant to the [original](/usc/10/101.md?p=b-10) recommendation for promotion of the promotion board concerned.
- (g) **Regulations.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly across the [military departments](/usc/10/101.md?p=a-8).
  - (2) Any regulation prescribed by the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) to supplement the regulations prescribed pursuant to [paragraph (1)](#g-1) may not take effect without the approval of the [Secretary](/usc/10/4951.md?p=3) of Defense, in writing.
- (h) **Promotion Board Defined.—** In this section, the term “promotion board” means a selection board convened by the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) under [section 611(a) of this title](/usc/10/611.md?p=a).

## Source credit

(Added Pub. L. 116–283, div. A, title V, § 505(a)(1), Jan. 1, 2021, 134 Stat. 3565; amended Pub. L. 117–263, div. A, title V, § 521, Dec. 23, 2022, 136 Stat. 2570; Pub. L. 118–31, div. A, title V, § 507(a), title XVII, § 1722(b)(5), Dec. 22, 2023, 137 Stat. 242, 668; Pub. L. 118–159, div. A, title V, § 506(a), title XVII, § 1701(a)(15), Dec. 23, 2024, 138 Stat. 1870, 2203.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (d)(4)(A). Pub. L. 118–159, § 506(a), inserted “ranks in the upper half of an order of merit created by the special selection review board or” before “ranks on an order of merit created by the special selection review board as better qualified”.

Subsec. (e)(2). Pub. L. 118–159, § 1701(a)(15)(A), substituted “apply to the report and proceedings of a promotion board convened under section 20211” for “apply to report and proceedings of a promotion board convened under section 20211”.

Subsec. (f). Pub. L. 118–159, § 1701(a)(15)(B), substituted “section 20252” for “section 20251”.

2023—Subsec. (a)(1)(A). Pub. L. 118–31, § 1722(b)(5)(A), substituted “major general or” for “major general,” and struck out “, or an equivalent grade in the Space Force” after “in the Navy”.

Subsec. (a)(2)(B). Pub. L. 118–31, § 507(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “shall not be forwarded to the Secretary of Defense, the President, or the Senate, as applicable, or included on a promotion list under section 624(a) of this title.”

Subsec. (e)(2). Pub. L. 118–31, § 1722(b)(5)(B), inserted at end: “However, in the case of an officer on the Space Force officer list, the provisions of sections 618, 20215, and 20216 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to report and proceedings of a promotion board convened under section 20211 of this title.”

Subsec. (f)(1). Pub. L. 118–31, § 1722(b)(5)(C), inserted at end: “However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of an officer on the Space Force officer list who was referred to it for review under this section, and the President approves the report, the officer shall, as soon as practicable, be appointed to the grade in accordance with subsections (b) and (c) of section 20251 of this title.”

2022—Subsec. (a)(1). Pub. L. 117–263, § 521(1), which directed amendment of par. (1) by inserting subpar. (A) designation before “If the Secretary concerned”, was executed by inserting the designation before “If the Secretary of the military department concerned”, to reflect the probable intent of Congress.

Subsec. (a)(1)(B). Pub. L. 117–263, § 521(2), added subpar. (B).