10 USC § 14104 - Nondisclosure of board proceedings

---
identifier: "/us/usc/t10/s14104"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 14104 - Nondisclosure of board proceedings"
title_number: 10
title_name: "ARMED FORCES"
section_number: "14104"
section_name: "Nondisclosure of board proceedings"
chapter_number: 1403
chapter_name: "SELECTION BOARDS"
part_number: "III"
part_name: "PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–364, div. A, title V, § 547(b), Oct. 17, 2006, 120 Stat. 2216; Pub. L. 111–383, div. A, title V, § 503(c), Jan. 7, 2011, 124 Stat. 4208.)"
---


# § 14104. Nondisclosure of board proceedings

**(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.

**(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.

---

**Source Credit**: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–364, div. A, title V, § 547(b), Oct. 17, 2006, 120 Stat. 2216; Pub. L. 111–383, div. A, title V, § 503(c), Jan. 7, 2011, 124 Stat. 4208.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in , prior to repeal by .

### Amendments

2011—Subsec. (a). , added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The proceedings of a selection board convened under  may not be disclosed to any person not a member of the board.”

Subsec. (b). , substituted “Notes, and Records” for “and Records” in heading.

Subsec. (c). , added subsec. (c).

2006— amended section catchline and text generally. Prior to amendment, text read as follows: “Except as otherwise authorized or required by law, the proceedings of a selection board convened under  may not be disclosed to any person not a member of the board.”

## Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

This section, as amended by , applicable with respect to the proceedings of all selection boards convened under , including selection boards convened before , see , set out as an Effective Date note under .

### Effective Date

Section effective , see , set out as a note under .