S. 5542: Military Officer Promotion Integrity Act of 2026

This bill would change the rules for when the Secretary of Defense can remove an officer from a promotion recommendation after a promotion board has selected that officer.

What the bill would do

Under current law, the Department of Defense has some authority to take an officer off a promotion list. This bill would narrow and specify that authority by requiring the Secretary of Defense to make a written determination based on one of a few allowed reasons:

• the officer engaged in misconduct;
• new, important adverse information was found that the promotion board did not have and that materially affects the officer’s qualifications;
• the officer no longer meets the legal requirements for the promotion;
• or removal is needed for national security or military necessity.

The bill says that the Secretary’s decision would have to identify the exact reason, explain the facts and evidence, and be supported by substantial evidence.

Limits on the reason for removal

The bill would prohibit removal based on an officer’s participation in, implementation of, or statements made in connection with a lawful Defense Department policy, directive, program, ceremony, or other official activity that was authorized when it happened.

It also defines misconduct for this purpose. The term would include:

• a violation of the Uniform Code of Military Justice;
• substantiated adverse findings by an Inspector General, board of inquiry, or similar authority;
• conduct that led to removal from command or the start of administrative separation proceedings;
• or conduct showing the officer cannot perform the duties of the grade for which they were selected.

Notice and chance to respond

Before making a final decision to remove an officer from a promotion recommendation, the Secretary of Defense would have to:

• give the officer written notice of the proposed action and the facts behind it;
• give the officer a reasonable opportunity to submit a written response;
• and consider that response before deciding.

After a final decision, the Secretary would have to notify the affected officer and the congressional defense committees within 15 days.

Review by military records boards

If the officer petitions a Board for Correction of Military Records within 15 days of being notified, the bill would require the removal action to be paused until the board completes its review.

The bill would also create an expedited review process for these cases. The board would have to finish review within 180 days. If the board removes the adverse information from the officer’s record or finds the Secretary violated the law or applicable regulations, the Secretary would have to отменить the earlier decision, reconsider the promotion recommendation, and issue a new written determination.

Implementation

The Secretary concerned would have to write regulations to carry out these changes within 180 days after the bill becomes law.

Relevant Companies

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