S. 5542 — Military Officer Promotion Integrity Act of 2026

This section states findings that the military officer promotion system under chapter 36 of title 10, United States Code, advances officers based on merit, performance, and qualifications; that promotion selection boards preserve the professionalism and apolitical character of the Armed Forces; and that officers should be removed from promotion lists only under objective standards and documented findings.

This section limits the Secretary of Defense's authority to remove an officer from a promotion recommendation under 10 U.S.C. 618(d)(2). It permits removal only upon a written determination, supported by substantial evidence, that the officer engaged in misconduct, that newly discovered material adverse information unavailable to the board affects the officer's qualifications, that the officer no longer meets statutory qualifications, or that removal is required for national security or military necessity; the determination may not rest on the officer's participation in lawful Department of Defense policies or activities. The Secretary must notify the affected officer and the congressional defense committees within 15 days.

This section defines "misconduct" for purposes of subsection (g) of 10 U.S.C. 618 as (A) a violation of the Uniform Code of Military Justice, (B) substantiated adverse findings by an Inspector General or other competent authority, (C) conduct resulting in removal from command or initiation of administrative separation, or (D) conduct demonstrating inability to perform the duties of the selected grade.

This section requires the Secretary of Defense to provide an officer written notice of a proposed removal from a promotion recommendation, the factual basis for the action, and an opportunity to submit written matters before issuing a final determination. It also directs the Secretary to stay the removal if the officer petitions a board for correction of military records under section 1552(k) of title 10 within 15 days after receiving notice of the final determination.

This section establishes an expedited review process for officers removed from promotion recommendations under 10 U.S.C. 618. Officers may petition the applicable Board for Correction of Military Records, which must complete its review within 180 days. If the board removes the underlying adverse information or finds the Secretary’s removal violated section 618 or its regulations, the Secretary must vacate the prior determination, reconsider the promotion recommendation, and issue a new written determination. The Secretary concerned must prescribe implementing procedures within 180 days of enactment.