2018 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 60 - Separation of Regular Officers for Substandard Performance of Duty or for Certain Other Reasons
Sec. 1185 - Rights and procedures
| 10 U.S.C. § 1185 (2018) |
| §1185. Rights and procedures |
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(a) Under regulations prescribed by the Secretary of Defense, each officer required under section 1181 of this title to show cause for retention on active duty— (1) shall be notified in writing, at least 30 days before the hearing of his case by a board of inquiry, of the reasons for which he is being required to show cause for retention on active duty; (2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare his showing of cause for his retention on active duty; (3) 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 his 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. |
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(Added Pub. L. 96–513, title I, §110, Dec. 12, 1980, 94 Stat. 2874.) |
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EFFECTIVE DATE
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. |
| United States Code, 2018 Edition, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 60 - SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS Sec. 1185 - Rights and procedures |
| section 1185 |
| 2018 |
| January 14, 2019 |
| Yes |
| standard |
| 94 Stat. 2874 |
| Public Law 96-513 |
