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Code · STATUTE-COMPILATIONS · John S. McCain National Defense Authorization Act for Fiscal Year 2019 · Sec. 505

Sec. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD CONSIDERATION

530 words·~2 min read·/statute-compilations/comps-15483/sec-505

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## SEC. 505 AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD CONSIDERATION ###
(a)Active-Duty List Officers Section 619 of title 10, United States Code, is amended— ####
(1)in subsection (d), by adding at the end the following new paragraph: > > #### “(6) > > An officer excluded under subsection (e).” > ; and ####
(2)by adding at the end the following new subsection: > > ### “(e) Authority To Allow Officers To Opt Out of Selection Board Consideration > > > ####
(1)> > The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade. > > > #### “(2) > > The Secretary concerned may only approve a request under paragraph
(1)if— > > > ##### “(A) > > the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education; > > > ##### “(B) > > the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and > > > ##### “(C) > > the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.” > . ###
(b)Reserve Active-Status List Officers Section 14301 of such title is amended— ####
(1)in subsection (c)— #####
(A)in the subsection heading, by striking “Previously Selected Officers Not Eligible” and inserting “Certain Officers Not”; and #####
(B)by adding at the end the following new paragraph: > > #### “(6) > > An officer excluded under subsection (j).” > ; and ####
(2)by adding at the end the following new subsection: > > ### “(j) Authority To Allow Officers To Opt Out of Selection Board Consideration > > > ####
(1)> > The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade. > > > #### “(2) > > The Secretary concerned may only approve a request under paragraph
(1)if— > > > ##### “(A) > > the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education; > > > ##### “(B) > > the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and > > > ##### “(C) > > the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.” > .
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