§14903 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the military department must set up a board of inquiry to hear the case of any officer ordered to show cause under section 14902. The board meets where and when the Secretary says. It must have at least three officers who meet the qualifications in section 14906. The board must give a fair, impartial hearing. If the officer does not prove they should stay on active duty, the board will recommend that the officer not be retained. After the board’s recommendation, the Secretary can either remove the officer from active status or close the case. If the board finds the officer should stay, or the Secretary closes the case, the officer’s case is closed. An officer whose case is closed after a 14902(a) proceeding cannot be required to show cause again for one year from that decision. An officer whose case is closed after a 14902(b) proceeding may be required to show cause again at any time, except they cannot be recharged over the same conduct unless the earlier board’s recommendations were obtained by fraud or collusion.

Title 10, §14903

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of the military department concerned shall convene a board of inquiry at such time and place as the Secretary may prescribe to receive evidence and review the case of any officer who has been required to show cause for retention in an active status under section 14902 of this title. Each board of inquiry shall be composed of not less than three officers who have the qualifications prescribed in section 14906 of this title.

(b)A board of inquiry shall give a fair and impartial hearing to each officer required under section 14902 of this title to show cause for retention in an active status.

(c)If a board of inquiry determines that the officer has failed to establish that the officer should be retained in an active status, the board shall recommend to the Secretary concerned that the officer not be retained in an active status.

(d)After review of the recommendation of the board of inquiry, the Secretary may—

(1)remove the officer from an active status; or

(2)determine that the case be closed.

(e)(1)If a board of inquiry determines that an officer has established that the officer should be retained in an active status or if the Secretary determines that the case be closed, the officer’s case is closed.

(2)An officer who is required to show cause for retention under section 14902(a) of this title and whose case is closed under paragraph (1) may not again be required to show cause for retention under such subsection during the one-year period beginning on the date of that determination.

(3)(A)Subject to subparagraph (B), an officer who is required to show cause for retention under section 14902(b) of this title and whose case is closed under paragraph (1) may again be required to show cause for retention at any time.

(B)An officer who has been required to show cause for retention under section 14902(b) of this title and who is thereafter retained in an active status may not again be required to show cause for retention under such section solely because of conduct which was the subject of the previous proceeding, unless the recommendations of the board of inquiry that considered the officer’s case are determined to have been obtained by fraud or collusion.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–106 substituted “title” for “chapter”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

§14903 Boards of inquiry

Summary

Title 10, §14903

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata