Us Code § 2120 - Special selection boards; correction of errors
Full text of Us Code United States Code § 2120 — Special selection boards; correction of errors, with citation guidance and answers to common questions.
§ 2120. Special selection boards; correction of errors
(a)
(1)
(A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 2106; or
(B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list;
the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board.
(2)
(b)
(1)
(A) an action of the selection board that considered the officer or former officer—
(i) was contrary to law in a matter material to the decision of the board; or
(ii) involved material error of fact or material administrative error; or
(B) the selection board that considered the officer or former officer did not have before it for consideration material information.
(2)
(A) to have failed of selection for promotion with respect to the board that considered the officer or former officer prior to the consideration of the special selection board; and
(B) to incur no additional failure of selection for promotion as a result of the action of the special selection board.
(c)
(1) be composed in accordance with section 2107 and the members of the board shall be required to swear the oaths described in section 2109;
(2) consider the record of an applicable officer or former officer as that record, if corrected, would have appeared to the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board and that record shall be compared with a sampling of the records of—
(A) those officers of the same grade who were recommended for promotion by such prior selection board; and
(B) those officers of the same grade who were not recommended for promotion by such prior selection board; and
(3) submit to the Secretary a written report in a manner consistent with sections 2117 and 2118.
(d)
(1)
(2)
(3)
(e)
(f)
(1) the claim has been referred to a special selection board convened under this section and acted upon by that board; or
(2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section.
(g)
(1)
(A) a decision of the Secretary not to convene a special selection board under this section to determine if the court finds that the decision of the Secretary was arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law; and
(B) an action of a special selection board under this section to determine if the court finds that the action of the special selection board was contrary to law or involved material error of fact or material administrative error.
(2)
(h)
(Added Pub. L. 112–213, title II, §208(a), Dec. 20, 2012, 126 Stat. 1546, §263; renumbered §2120 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
Editorial Notes
Amendments
2018—Pub. L. 115–282, §112(b), renumbered section 263 of this title as this section.
Subsec. (a)(1)(A). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".
Subsec. (b)(1). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in introductory provisions.
Subsec. (c)(1). Pub. L. 115–282, §123(b)(2), substituted "section 2107" for "section 252" and "section 2109" for "section 254".
Subsec. (c)(3). Pub. L. 115–282, §123(b)(2), substituted "sections 2117 and 2118" for "sections 260 and 261".
Subsec. (f). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in introductory provisions.
Subsec. (h). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in two places.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112–213, set out as an Effective Date of 2012 Amendment note under section 2118 of this title.
About This Section
14 U.S.C. § 2120 is part of Title 14 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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