§1185 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must make rules so that any officer who has to "show cause" for staying on active duty under section 1181 gets basic rights. The officer must get a written notice at least 30 days before a board of inquiry hearing that explains why the hearing is happening. The board must give the officer a fair amount of time, set by the board, to prepare. The officer can appear in person and have a lawyer at the hearing, unless the Secretary allows a different method in rare situations. The officer must be allowed to see and get copies of records that matter to the case, but the board can keep back any record the Secretary decides needs to stay secret for national security. If a record is kept secret for national security, the officer must be given a summary of that record as much as security allows.

Title 10, §1185

Armed Forces — Source: USLM XML via OLRC

(a)Under regulations prescribed by the Secretary of Defense, each officer required under section 1181 of this title to show cause for retention on active duty—

(1)shall be notified in writing, at least 30 days before the hearing of his case by a board of inquiry, of the reasons for which he is being required to show cause for retention on active duty;

(2)shall be allowed a reasonable time, as determined by the board of inquiry, to prepare his showing of cause for his retention on active duty;

(3)subject to subsection (c), shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; and

(4)shall be allowed full access to, and shall be furnished copies of, records relevant to his case, except that the board of inquiry shall withhold any record that the Secretary concerned determines should be withheld in the interest of national security.

(b)When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.

(c)The Secretary concerned may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry may be via means other than in person.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(3). Pub. L. 118–159, § 509(a)(1), substituted “subject to subsection (c), shall be” for “shall be”. Subsec. (c). Pub. L. 118–159, § 509(a)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

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

Regulations

under this section 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.

§1185 Rights and procedures

Summary

Title 10, §1185

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata