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Title 10, Armed ForcesRelease 119-102

§1185 Rights and Procedures

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 60 — SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS › § 1185

Last updated Aug 21, 2026|Official source

Summary

Under rules set by the Secretary of Defense, officers who must show cause under section 1181 to stay on active duty must get a written notice at least 30 days before a board hearing that explains the reasons. They must be given a reasonable time, set by the board, to prepare. They may appear in person and have a lawyer, unless the Secretary allows another way in exceptional cases. Officers must get full access to and copies of records about their case, except for material the Secretary withholds for national security. If a record is withheld, the officer should be given a summary as far as security allows.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1185

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102