The bill would set rules for removing an officer selected for promotion by a military promotion board. The Secretary of Defense could remove an officer only for specified reasons, such as misconduct, new material adverse information, loss of required qualifications, or national security or military necessity. The decision would need written findings supported by substantial evidence. The bill would also protect officers from removal based on conduct tied to a lawful Defense Department activity.
An officer facing removal would receive written notice of the proposed action and its factual basis, and would have a chance to respond. The Secretary would have to consider the response before making a final decision. An officer who petitions a military records correction board within 15 days of the final decision would have the removal stayed while the board reviews the case. The board would generally have 180 days to complete its review.
No publicly available information.
The bill's findings say that objective rules, transparency, and oversight can protect servicemembers' rights and support confidence in a merit-based promotion system.
No publicly available information.