Title 10Armed ForcesRelease 119-73not60

§14903 Boards of Inquiry

Title 10 › Subtitle Subtitle E— Reserve Components › Part III— PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter 1411— ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION › § 14903

Last updated Apr 3, 2026|Official source

Summary

The Secretary in charge must set up a board of inquiry to hear and review the case of any officer who has been told to show cause for staying in an active status under section 14902. The board must have at least three officers who meet the qualifications in section 14906. The board must give a fair and impartial hearing and then decide whether the officer has proved they should stay in an active status. If the board finds they failed to do so, it must recommend to the Secretary that the officer not be retained. After the board’s recommendation, the Secretary may remove the officer from an active status or close the case. If the board finds the officer should be retained, or the Secretary closes the case, the case is closed. An officer required to show cause under section 14902(a) whose case is closed may not again be required to show cause during the one-year period beginning on the date of that determination. An officer required to show cause under section 14902(b) may be required to show cause again at any time, except that an officer who was retained in an active status may not be required again about the same conduct from the previous proceeding unless the board’s recommendations were obtained by fraud or collusion.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 14903

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60