Bill would set rules for removing officers from promotion lists

The Secretary of Defense may remove a selected officer from a promotion recommendation only after making a written decision based on a listed ground. This applies to officers selected for promotion by a promotion selection board. The decision must name the ground and explain the supporting facts and evidence; substantial evidence must support it. It may not rely on an officer’s participation in, implementation of, or statements about a lawful Defense Department policy or official activity authorized when it occurred. Misconduct includes violations of military law, substantiated adverse findings, conduct leading to command removal or administrative separation proceedings, or conduct showing inability to perform the selected grade’s duties. Within 15 days after a final removal decision, the Secretary must notify the officer and congressional defense committees in writing.

Before a final removal decision, the Secretary must give the officer written notice, allow a reasonable time for a written response, and consider any response. This applies to an officer facing removal from a promotion recommendation under section 618. If the officer petitions a military records correction board within 15 days after receiving notice of the final decision, the Secretary must pause the removal until the board completes its review.

An officer removed from a promotion recommendation may petition a military records correction board for expedited review. The petition goes to the applicable military records correction board. If the board removes the adverse information behind the decision or finds that the Secretary violated the removal rules, the Secretary must cancel the decision, reconsider the promotion recommendation, and issue a new written decision. The board must finish its review within 180 days after receiving the petition. The Secretary concerned must set procedures within 180 days after the Act is enacted.