Title 10Armed ForcesRelease 119-73

§1181 Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 60— - SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS › § 1181

Last updated Apr 6, 2026|Official source

Summary

Within limits set by the Secretary of Defense, the Secretary of each military department must create rules to allow an officer’s service record to be reviewed at any time. This applies to any commissioned officer (not a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force. The review checks if an officer’s job performance has fallen below required standards and whether the officer must be asked to explain why they should remain on active duty. Also under those limits, each military department must have rules to review an officer’s record at any time for misconduct, moral or professional failings, or when keeping the officer might not clearly serve national security. If any of those are true, the officer can be required to show cause for staying on active duty.

Full Legal Text

Title 10, §1181

Armed Forces — Source: USLM XML via OLRC

(a)Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty.
(b)Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active duty.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps” in subsecs. (a) and (b). 1984—Pub. L. 98–525 substituted “Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons” for “Authority to convene boards of officers to consider separation of officers for substandard performance of duty or for certain other reasons” in section catchline. Subsecs. (a), (b). Pub. L. 98–525 amended subsecs. (a) and (b) generally, substituting “Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record” for “Under

Regulations

prescribed by the Secretary of Defense, the Secretary of the military department concerned may at any time convene a board of officers to review the record”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 Amendment Pub. L. 98–525, title V, § 524(b)(3), Oct. 19, 1984, 98 Stat. 2524, provided that: “The

Amendments

made by paragraphs (1) and (2) [amending this section and the analysis to this chapter] shall take effect on the first day of the first month that begins more than 60 days after the date of the enactment of this Act [Oct. 19, 1984], but shall not apply to any case in which, before that date, a board of officers has been ordered to convene under the provisions of section 1181 of title 10, United States Code, as in effect before that date.”

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this chapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

Effective Date

of 1980 Amendment note under section 101 of this title. Transition Provisions Under Defense Officer Personnel Management ActFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the

Effective Date

of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1181

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73