Page:United States Statutes at Large Volume 108 Part 4.djvu/295

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PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2929 officers recommended by the board for promotion. The report shall be signed by each member of the board. "(b) CERTIFICATION. —Each report under subsection (a) shall include a certification— "(1) that the board has carefully considered the record of each officer whose name was furnished to the board; and "(2) that, in the case of a promotion board convened under section 14101(a) of this title, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the armed force concerned (as noted in the guidelines or information furnished the board under section 14107 of this title) among those officers whose names were fiimished to the selection board. "(c) SHOW-CAUSE RECOMMENDATIONS. —(1) A promotion board convened under section 14101(a) of this title shall include in its report to the Secretary concerned the name of any reserve officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required to show cause for retention in an active status. "(2) If such a report names an officer as having a record which indicates that the officer should be required to show cause for retention, the Secretary concerned may provide for the review of the record of that officer as provided under regulations prescribed under section 14902 of this title. "§ 14110. Reports of promotion boards: review by Secretary "(a) REVIEW OF REPORT,—Upon receipt of the report of a promotion board submitted under section 14109(a) of this title, the Secretary of the military department concerned shall review the report to determine whether the board has acted contrary to law or regulation or to guidelines furnished the board under section 14107(a) of this title. Following that review, unless the Secretary concerned makes a determination as described in subsection (b), the Secretary shall submit the report as required by section 14111 of this title. "(b) RETURN OF REPORT FOR FURTHER PROCEEDINGS.—I f, on the basis of a review of the report under subsection (a), the Secretary of the military department concerned determines that the board acted contrary to law or regulation or to guidelines furnished the board under section 14107(a) of this title, the Secretary shall return the report, together with a written explanation of the basis for such determination, to the board for further proceedings. Upon receipt of a report returned by the Secretary concerned under this subsection, the selection board (or a subsequent selection board convened under section 14101(a) of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report to be consistent with law, regulation, and such guidelines and shall resubmit the report, as revised, to the Secretary in accordance with section 14109 of this title. "§14111. Reports of selection boards: transmittal to President "(a) TRANSMITTAL TO PRESIDENT. — The Secretary concerned, after fined review of the report of a selection board under section