§14904 — Title 10 Armed Forces | U.S. Code

Summary

Under rules set by the Secretary of Defense, an officer who must explain why they should stay on active duty must get a written notice at least 30 days before a board hearing that says the reasons. The board will give the officer a reasonable time to prepare. The officer may attend in person and have a lawyer, unless the relevant Secretary allows a different way to appear in exceptional circumstances. The officer can see and get copies of records that matter to the case, but the Secretary can keep out records for national security. If something is withheld, the officer must be given a summary of it as far as national security allows.

Title 10, §14904

Armed Forces — Source: USLM XML via OLRC

(a)Under regulations prescribed by the Secretary of Defense, an officer required under section 14902 of this title to show cause for retention in an active status—

(1)shall be notified in writing, at least 30 days before the hearing of the officer’s case by a board of inquiry, of the reasons for which the officer is being required to show cause for retention in an active status;

(2)shall be allowed a reasonable time, as determined by the board of inquiry, to prepare for showing of cause for retention in an active status;

(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 the 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(3). Pub. L. 118–159, § 509(b)(1), substituted “subject to subsection (c), shall be” for “shall be”. Subsec. (c). Pub. L. 118–159, § 509(b)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

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.

§14904 Rights and Procedures