Page:United States Statutes at Large Volume 108 Part 4.djvu/293

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2927 "(B) the information is provided to the later selection board in accordance with paragraph (2). "(6)(A) Before information described in paragraph (2)(B) regarding an eligible officer is furnished to a selection board, the Secretary of the military department concerned shall ensure— "(i) that such information is made available to such officer; and "(ii) that the officer is afforded a reasonable opportunity to submit comments on that information to the promotion board. "(B) If an officer cannot be given access to the information referred to in subparagraph (A) because of its classification status, the officer shall, to the maximum extent practicable, be furnished an appropriate summary of the information. "(b) INFORMATION TO BE FURNISHED.— The Secretary of the military department concerned shall furnish to a promotion board convened under section 14101(a) of this title the following: "(1) In the case of a mandatory promotion board, the maximum number (as determined in accordance with section 14307 of this title) of officers in each competitive category under consideration that the board is authorized to recommend for promotion to the next higher grade. "(2) The name of each officer 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) of each officer whose name is furnished to the board. "(4) Information or guidelines relating to the needs of the armed force concerned for officers having particular skills, including (except in the cage of a vacancy promotion board) guidelines or information relating to either a minimum number or a maximum number of officers with particular skills within a competitive category. "(5) Such other information or guidelines as the Secretary concerned 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INFORMATION.— Information or guidelines furnished to a selection board under subsection (a) may not be modified, withdrawn, or supplemented after the board submits its report to the Secretary of the military department concerned pursuant to section 14109(a) of this title. However, in the case of a report returned to a board pursuant to section 14110(a) of this title for further proceedings because of a determination by the Secretary of the military department concerned that the board acted contrary to law, regulation, or guidelines, the Secretary 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 CAT- EGORIES.— The Secretary of each military department, under uni- Emulations, form regulations prescribed by the Secretary of Defense, shall include in guidelines furnished to a promotion board convened under section 14101(a) of this title that is considering officers in a health-professions competitive category for promotion to a grade below colonel or, in the case of officers of the Naval Reserve, captain, a direction that the board give consideration to an officer's clinical proficiency and skill as a health professional to at least