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Requirement of equal opportunity, racial neutrality, and exclusive use of merit in military personnel actions

Division A · Title V: MILITARY PERSONNEL POLICY · Subtitle B: Recruitment, General Service Authorities and Prohibitions, and Military Records

Plain-language summaryAI

Military personnel decisions such as hiring, promotions, and assignments must be based only on individual merit, fitness, capability, and performance, without considering race, ethnicity, or national origin. An exception allows consideration of these factors for specific missions in foreign countries if approved by a combatant commander, and the Secretary of Defense must report details about such missions to Congress within 60 days.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 514.
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(a) Merit requirement

Any Department of Defense military personnel action related to accessions, promotions, nominative assignments, command selection, and military and civil schooling selection and training shall be based exclusively on individual merit, fitness, capability, and performance.

(b) Consideration of race prohibited

Consideration of an individual’s race, ethnicity, or national origin in any military personnel action is prohibited throughout the Department of Defense.

(c) Limited exception for tasking of specific missions

(1) In general

This section shall not be construed to prohibit tasking for specific, unconventional missions in foreign countries, where the anticipated ground operating environment of indigenous populations may justify consideration of race, ethnicity, or national origin when tasking for the mission to optimize mission success.

(2) Combatant commander approval required

Any tasking pursuant to the exception described in paragraph (1) shall require the approval of the combatant commander concerned.

(3) Reporting requirement

Not later than 60 days after a tasking pursuant to the exception described in paragraph (1), the Secretary of Defense shall report the tasking to the Committees on Armed Services of the Senate and the House of Representatives. The report shall describe—

(A)

the mission, including location and duration;

(B)

the staffing of the mission;

(C)

the demographic factors warranting the tasking;

(D)

the number of personnel involved, including their rank, position, and race, ethnicity, and national origin; and

(E)

the rationale for the tasking.