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Title 10, Armed ForcesRelease 119-110

§14903 Boards of Inquiry

Title 10 › 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 Sep 22, 2026|Official source

Summary

The Secretary of the military department must set up a board of inquiry, at a time and place the Secretary decides, to hear and review the case of any officer who must show cause under section 14902. Each board must include at least three qualified officers and must give the officer a fair and impartial hearing. If the board finds the officer did not prove they should stay on active duty, it will recommend removal. After reviewing the board’s recommendation, the Secretary may remove the officer or close the case. If the board or Secretary decides the officer should stay or closes the case, the case is finished. An officer whose case is closed under 14902(a) cannot be required to show cause again for one year. Under 14902(b), the officer can be required again at any time, except they cannot be asked again about the same conduct if they were retained, unless the earlier board’s recommendation was obtained by fraud or collusion.

Full Legal Text

Title 10, §14903

Armed Forces, Source: USLM XML via OLRC

(a)Convening of Boards.—
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)Right to Fair Hearing.—
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)Recommendations to Secretary.—
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)Action by Secretary.—
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)Action in Cases Where Cause for Retention Is Established.—
(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 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110