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Title 10, Armed ForcesRelease 119-110

§1187 Officers Eligible to Serve on Boards

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 › § 1187

Last updated Sep 22, 2026|Official source

Summary

Boards that review whether an officer must justify staying on active duty must be made up of officers from the same military service as the officer being reviewed. Every board member must hold a rank above major or lieutenant commander, and at least one member must hold a rank above lieutenant colonel or commander. All members must outrank the officer under review. If there are not enough qualified active officers, the Secretary of the military department may add retired officers from the same service who meet the same rank rules. No person may serve on more than one board that reviews the same officer. A retired general or flag officer recalled just to serve on a board does not count against limits on generals or flag officers on active duty.

Full Legal Text

Title 10, §1187

Armed Forces, Source: USLM XML via OLRC

(a)In General.—
Except as provided in subsection (b), each board convened under this chapter shall consist of officers appointed as follows:
(1)Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention on active duty.
(2)Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel or commander.
(3)Each member of the board shall be senior in grade to any officer to be considered by the board.
(b)Retired Officers.—
If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer—
(1)is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and
(2)is senior to the grade of any officer to be considered by the board.
(c)Ineligibility by Reason of Previous Consideration of Same Officer.—
No person may be a member of more than one board convened under this chapter to consider the same officer.
(d)Exclusion From Strength Limitation.—
A retired general or flag officer who is on active duty for the purpose of serving on a board convened under this chapter shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–417, § 505(a)(1), (b), substituted “In General” for “Active Duty Officers” in heading, redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “Each member of the board shall be on the active-duty list.” Subsec. (b). Pub. L. 110–417, § 505(a)(2), struck out “on active duty” after “qualified officers” in introductory provisions. 1999—Pub. L. 106–65 amended text generally. Prior to amendment, text consisted of subsecs. (a) and (b) relating to officers eligible to serve on boards.

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. § 1187

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110