Defense secretary would face limits on removing officers from promotion lists

The defense secretary could remove a selected officer from a promotion recommendation only after making a written decision based on an allowed ground. New information would have to be important, unavailable to the promotion board, and affect the officer’s qualifications. The decision could not rely on the officer’s involvement in a lawful, authorized Defense Department policy or official activity. Misconduct would cover military-law violations, substantiated official findings, certain command or separation actions, or conduct showing inability to serve at the higher rank. Within 15 days after a final decision, the secretary would have to notify the officer and congressional defense committees in writing.

The defense secretary would have to notify the officer, accept a written response, and consider it before making a final decision. This process would cover an officer facing removal from a promotion recommendation. To pause removal, the officer would have to ask the appropriate military records correction board to review the final decision. The officer would have 15 days after receiving the final decision to file a request that pauses removal.

The appropriate military records correction board would conduct an expedited review when a removed officer petitions. Review would cover the removal decision and information in the officer’s promotion record that counted against promotion. If the board removes the information supporting removal or finds a violation of governing law or rules, the secretary would have to cancel the decision, reconsider the promotion recommendation, and issue a new written decision. The board would have 180 days after receiving a petition. The responsible military secretaries would have 180 days after enactment to set procedures.