Standards for removal from promotion recommendations

Section 618 of title 10, United States Code, is amended— (1) in subsection (d)(2), by striking In the case and inserting Subject to subsection (g), in the case; (2) by redesignating subsection (g) as subsection (f); and (3) by inserting after subsection (f), as so redesignated, the following new subsection: (g) Removal from Promotion Recommendations (1) The Secretary of Defense may remove an officer selected for promotion by a promotion selection board under subsection (d)(2) only upon a written determination that— (A) the officer engaged in misconduct; (B) newly discovered, material adverse information unavailable to the promotion selection board materially affects the qualifications of the officer for promotion; (C) the officer no longer satisfies statutory qualifications for promotion; or (D) removal is required for reasons of national security or military necessity. (2) The written determination shall identify the specific ground for removal under paragraph (1), set forth the factual findings and evidence supporting the determination, and be supported by substantial evidence. (3) A written determination under paragraph (1) may not be based upon an officer's participation in, implementation of, or statements made in connection with a lawful Department of Defense policy, directive, program, ceremony, or official activity that was authorized at the time such conduct occurred. (4) Not later than 15 days after making a final determination under this subsection, the Secretary shall provide— (A) written notice to the affected officer; and (B) written notification to the congressional defense committees. (5) In this subsection, the term adverse information has the meaning given the term in Department of Defense Instruction (DoDI) 1320.4, or successor regulations..