10 U.S.C. § 1563a

(a) In General .— (1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may make an honorary promotion, including a posthumous honorary promotion, of a former member or retired member of the armed forces to any grade not exceeding the grade of major general or rear admiral (upper half). (2) The honorary grade to which a member described in paragraph (1) is promoted shall be commensurate with such member’s contributions to the armed forces or the national defense. (3) The Secretary of a military department is not authorized to make an honorary promotion under paragraph (1) solely on the basis that a member described in paragraph (1) was recommended for such promotion prior to separating from the armed forces. (4) (A) The Secretary of a military department is only authorized to make an honorary promotion under paragraph (1) upon receipt of a favorable recommendation by a board of at least three independent officers convened specifically for the purpose of reviewing the proposed honorary promotion. (B) For purposes of this paragraph, an officer is an independent officer if— (i) the officer has no relationship with the former member or retired member of the armed forces whose proposed honorary promotion is the subject of review by the board on which such officer will serve under this paragraph; and (ii) the officer has no personal interest in the proposed honorary promotion. (b) Notice to Congress .— The Secretary of a military department may not make an honorary promotion pursuant to subsection (a) until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice of the determination to make the promotion, including a detailed discussion of the rationale supporting the determination. (c) Notice of Promotion .— Upon making an honorary promotion pursuant to subsection (a), the Secretary of the military department concerned shall expeditiously notify the former member or retired member concerned, or the next of kin of such former member or retired member if such former member or retired member is deceased, of the promotion. (d) Nature of Promotion .— Any promotion pursuant to this section is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is entitled or would have been entitled based on the military service of such former member or retired member, nor affect any benefits to which any other person is or may become entitled based on the military service of such former member or retired member.