10 U.S.C. § 14104 Nondisclosure of Board Proceedings

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023),Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)
• Year: 2023
• Citation: 10 U.S.C. § 14104

(a) PROHIBITION ON DISCLOSURE.-The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.

(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS, NOTES, AND RECORDS.-The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations-

(1) are immune from legal process;

(2) may not be admitted as evidence; and

(3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.

(c) APPLICABILITY.-This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.

Cite as 10 U.S.C. § 14104

Source: Added Pub. L. 103-337, div. A, title XVI, §16111611,, 108 Stat. 2925; amended Pub. L. 109-364, div. A, title V, §547(b), Oct. 17, 2006, 120 Stat. 2216; Pub. L. 111-383, div. A, title V, §503(c), Jan. 7, 2011, 124 Stat. 4208.

Notes from the Office of Law Revision Counsel

current through 5/24/2023

EDITORIAL NOTES

PRIOR PROVISIONS

Provisions similar to those in this section were contained in section 5898(e) of this title, prior to repeal by Pub. L. 103-337, §1629(b)(2).