(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.

Terms Used In 10 USC 14104

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(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.