§2106. Selection boards; convening of boards — Inbound Citations

Citations to 14 U.S.C. § 2106 as a whole

• 14 U.S.C. § 2107

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  A board convened under section 2106 of this title shall consist of five or more officers on the active duty promotion list who are serving in or above the grade to which the board may recommend officers for promotion. No officer may be a member of two successive boards convened to consider officers of the same grade for promotion.
• 14 U.S.C. § 2108(a)

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  (a) Before a board is convened under section 2106 of this title, notice of the convening date, the promotion zone to be considered, and the officers eligible for consideration shall be given to the service at large.
• 14 U.S.C. § 2108(b)

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  (b) Each officer eligible for consideration by a selection board convened under section 2106 of this title may send a communication through official channels to the board, to arrive not later than the date the board convenes, inviting attention to any matter of record in the armed forces concerning such officer. A communication sent under this section may not criticize any officer or reflect upon the character, conduct, or motive of any officer.
• 14 U.S.C. § 2110

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  Before convening a board under section 2106 of this title to recommend officers for promotion to any grade, the Secretary shall determine the total number of officers to be selected for promotion to that grade. This number shall be equal to the number of vacancies existing in the grade, plus the number of additional vacancies estimated for the next twelve months, less the number of officers on the selection list for the grade.
• 14 U.S.C. § 2115(a)

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  (a) The Secretary shall furnish the appropriate selection board convened under section 2106 of this title with—

  (1) the number of officers that the board may recommend for promotion to the next higher grade;

  (2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion; and

  (3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary.
• 14 U.S.C. § 2115(b)(2)

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  (2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 2106 of this title.
• 14 U.S.C. § 2116(b)

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  (b) The number of officers that a board convened under section 2106 of this title may recommend for promotion to a grade below rear admiral (lower half) from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed—

  (1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander;

  (2) 7½ percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and

  (3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain;

  unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion.
• 14 U.S.C. § 2117(a)

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  (a) Each board convened under section 2106 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 2121(a) of this title.
• 14 U.S.C. § 2117(b)

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  (b) A board convened under section 2106 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 2115 of this title) of those officers whose names have been furnished to the board.
• 14 U.S.C. § 2118(a)

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  (a) A board convened under section 2106 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval.
• 14 U.S.C. § 2118(c)

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  (c) Upon approval by the President the names of officers selected for promotion by a board convened under section 2106 of this title shall be promptly disseminated to the service at large.
• 14 U.S.C. § 2120(a)(1)(A)

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  (A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 2106; or
• 14 U.S.C. § 2120(b)(1)

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  (1) In the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 2106, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that—

  (A) an action of the selection board that considered the officer or former officer—

  (i) was contrary to law in a matter material to the decision of the board; or

  (ii) involved material error of fact or material administrative error; or

  (B) the selection board that considered the officer or former officer did not have before it for consideration material information.
• 14 U.S.C. § 2120(f)

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  (f) No official or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selection board convened under section 2106, until—

  (1) the claim has been referred to a special selection board convened under this section and acted upon by that board; or

  (2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section.
• 14 U.S.C. § 2120(h)

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  (h) The Secretary may designate a selection board convened under section 2106 as a special selection board convened under this section. A selection board so designated may function in the capacity of a selection board convened under section 2106 and a special selection board convened under this section.
• 14 U.S.C. § 2120a(e)(2)

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  (2) The provisions of sections 2117(a) 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 2106 of this title.
• 14 U.S.C. § 2120a(h)

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  (h) In this section, the term “promotion board” means a selection board convened by the Secretary under section 2106 of this title.
• 14 U.S.C. § 2143(b)(1)

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  (1) When the needs of the service require, the Secretary may direct a selection board, which has been convened under section 2106 of this title, to recommend for continuation on active duty for terms of not less than two nor more than four years a designated number of officers of the grade of lieutenant who would otherwise be discharged or retired under this section. When so directed, the board shall recommend for continuation on active duty those officers under consideration who are, in the opinion of the board, best qualified for continuation. Each officer so recommended may, with the approval of the Secretary, and notwithstanding subsection (a), be continued on active duty for the term recommended.
• 14 U.S.C. § 2145(b)

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  (b) A lieutenant commander or commander of the Regular Coast Guard subject to discharge or retirement under subsection (a) may be continued on active duty when the Secretary directs a selection board convened under section 2106 of this title to continue up to a specified number of lieutenant commanders or commanders on active duty. When so directed, the selection board shall recommend those officers who in the opinion of the board are best qualified to advance the needs and efficiency of the Coast Guard. When the recommendations of the board are approved by the Secretary, the officers recommended for continuation shall be notified that they have been recommended for continuation and offered an additional term of service that fulfills the needs of the Coast Guard.