10 U.S.C. § 14904: Rights and procedures

Summary

Requires officers who must explain why they should stay on active duty to get written notice at least 30 days before a board hearing that lists the reasons. The Secretary of Defense makes the rules for these proceedings. The officer must be given enough time to prepare, may appear in person and have a lawyer, and must be allowed access to relevant records and copies. If a record is kept secret for national security, the relevant Secretary can withhold it but must give a summary as allowed by security. In rare cases, the Secretary can let the officer appear by other means instead of in person.

Title 10, §14904

Armed Forces, Source: USLM XML via OLRC

(a)Procedural Rights.—

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)Summary of Records Withheld.—

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)Remote Appearance.—

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