2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle E - Reserve Components (Sections 10001 - 18506)
Part III - Promotion and Retention of Officers on the Reserve Active-Status List (Sections 14001 - 14907)
Chapter 1411 - Additional Provisions Relating to Involuntary Separation (Sections 14901 - 14907)
Sec. 14903 - Boards of inquiry
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES 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 Sec. 14903 - Boards of inquiry |
Contains | section 14903 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2958; amended Pub. L. 104-106, div. A, title XV, §1501(b)(32), Feb. 10, 1996, 110 Stat. 498. |
Statutes at Large References | 108 Stat. 2958 110 Stat. 498 |
Public and Private Laws | Public Law 103-337, Public Law 104-106 |
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(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.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2958; amended Pub. L. 104–106, div. A, title XV, §1501(b)(32), Feb. 10, 1996, 110 Stat. 498.)
AMENDMENTS1996—Subsec. (b). Pub. L. 104–106 substituted "title" for "chapter".
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.
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