US (United States) Code. Title 10. Subtitle E: Reserve Components. Chapter 1411: Additional provisions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Promotion and retention of Officers on the Reserve Active-Status List. Involuntary separation

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-CITE-

10 USC CHAPTER 1411 - ADDITIONAL PROVISIONS RELATING TO

INVOLUNTARY SEPARATION 01/06/03

-EXPCITE-

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

.

-HEAD-

CHAPTER 1411 - ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY

SEPARATION

-MISC1-

Sec.

14901. Separation of chaplains for loss of professional

qualifications.

14902. Separation for substandard performance and for certain other

reasons.

14903. Boards of inquiry.

14904. Rights and procedures.

14905. Officer considered for removal: retirement or discharge.

14906. Officers eligible to serve on boards.

14907. Army National Guard of the United States and Air National

Guard of the United States: discharge and withdrawal of Federal

recognition of officers absent without leave.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 617, 12645, 14001, 14006

of this title; title 32 section 323.

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10 USC Sec. 14901 01/06/03

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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

-HEAD-

Sec. 14901. Separation of chaplains for loss of professional

qualifications

-STATUTE-

(a) Separation. - Under regulations prescribed by the Secretary

of Defense, an officer on the reserve active-status list who is

appointed or designated as a chaplain may, if the officer fails to

maintain the qualifications needed to perform the professional

function of a chaplain, be discharged. The authority under the

preceding sentence applies without regard to the provisions of

section 12645 of this title.

(b) Effect of Separation. - If an officer separated under this

section is eligible for retirement, the officer may be retired. If

the officer has completed the years of service required for

eligibility for retired pay under chapter 1223 of this title, the

officer may be transferred to the Retired Reserve.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2957.)

-MISC1-

EFFECTIVE DATE

Chapter 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12683 of this title.

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10 USC Sec. 14902 01/06/03

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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

-HEAD-

Sec. 14902. Separation for substandard performance and for certain

other reasons

-STATUTE-

(a) Substandard Performance of Duty. - The Secretary of the

military department concerned shall prescribe, by regulation,

procedures for the review at any time of the record of any reserve

officer to determine whether that officer should be required,

because that officer's performance has fallen below standards

prescribed by the Secretary concerned, to show cause for retention

in an active status.

(b) Misconduct, Etc. - The Secretary of the military department

concerned shall prescribe, by regulation, procedures for the review

at any time of the record of any reserve officer to determine

whether that officer should be required, because of misconduct,

because of moral or professional dereliction, or because the

officer's retention is not clearly consistent with the interests of

national security, to show cause for retention in an active status.

(c) Regulations. - The authority of the Secretary of a military

department under this section shall be carried out subject to such

limitations as the Secretary of Defense may prescribe by

regulation.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2958.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14109, 14903, 14904,

14905 of this title.

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10 USC Sec. 14903 01/06/03

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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

-HEAD-

Sec. 14903. Boards of inquiry

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2958; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(32), Feb. 10, 1996, 110 Stat. 498.)

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AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 substituted ''title'' for

''chapter''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14311, 14905 of this

title.

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10 USC Sec. 14904 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 14904. Rights and procedures

-STATUTE-

(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) 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.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2959.)

-CITE-

10 USC Sec. 14905 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 14905. Officer considered for removal: retirement or discharge

-STATUTE-

(a) Voluntary Retirement or Discharge. - At any time during

proceedings under this chapter with respect to the removal of an

officer from an active status, the Secretary of the military

department concerned may grant a request by the officer -

(1) for voluntary retirement, if the officer is qualified for

retirement;

(2) for transfer to the Retired Reserve if the officer has

completed the years of service required for eligibility for

retired pay under chapter 1223 of this title and is otherwise

eligible for transfer to the Retired Reserve; or

(3) for discharge in accordance with subsection (b)(3).

(b) Required Retirement or Discharge. - An officer removed from

an active status under section 14903 of this title shall -

(1) if eligible for voluntary retirement under any provision of

law on the date of such removal, be retired in the grade and with

the retired pay for which he would be eligible if retired under

that provision;

(2) if eligible for transfer to the Retired Reserve and has

completed the years of service required for retired pay under

chapter 1223 of this title, be transferred to the Retired

Reserve; and

(3) if ineligible for retirement or transfer to the Retired

Reserve under paragraph (1) or (2) on the date of such removal -

(A) be honorably discharged in the grade then held, in the

case of an officer whose case was brought under subsection (a)

of section 14902 of this title; or

(B) be discharged in the grade then held, in the case of an

officer whose case was brought under subsection (b) of section

14902 of this title.

(c) Separation Pay. - An officer who is discharged under

subsection (b)(3) is entitled, if eligible therefor, to separation

pay under section 1174(c) of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2959.)

-CITE-

10 USC Sec. 14906 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 14906. Officers eligible to serve on boards

-STATUTE-

(a) Composition of Boards. - Each board convened under this

chapter shall consist of officers appointed as follows:

(1) Each member of the board shall be an officer of the same

armed force as the officer being required to show cause for

retention in an active status.

(2) Each member of the board shall hold a grade above major or

lieutenant commander, except that at least one member of the

board shall hold a grade above lieutenant colonel or commander.

(3) Each member of the board shall be senior in grade to any

officer to be considered by the board.

(b) Limitation. - A person may not be a member of more than one

board convened under this chapter to consider the same officer.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2960; amended Pub. L. 106-65, div. A, title V,

Sec. 504(b), Oct. 5, 1999, 113 Stat. 591.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-65 amended heading and text

generally. Prior to amendment, text read as follows:

''(1) Each officer who serves on a board convened under this

chapter shall be an officer of the same armed force as the officer

being required to show cause for retention in an active status.

''(2) An officer may not serve on a board under this chapter

unless the officer holds a grade above lieutenant colonel or

commander and is senior in grade and rank to any officer considered

by the board.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14903 of this title.

-CITE-

10 USC Sec. 14907 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 14907. Army National Guard of the United States and Air

National Guard of the United States: discharge and withdrawal

of Federal recognition of officers absent without leave

-STATUTE-

(a) Authority To Withdraw Federal Recognition. - If an officer of

the Army National Guard of the United States or the Air National

Guard of the United States has been absent without leave for three

months, the Secretary of the Army or the Secretary of the Air

Force, as appropriate, may -

(1) terminate the reserve appointment of the officer; and

(2) withdraw the officer's Federal recognition as an officer of

the National Guard.

(b) Discharge From Reserve Appointment. - An officer of the Army

National Guard of the United States or the Air National Guard of

the United States whose Federal recognition as an officer of the

National Guard is withdrawn under section 323(b) of title 32 shall

be discharged from the officer's appointment as a reserve officer

of the Army or the Air Force, as the case may be.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2960.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3820(a), (b) and 8820 of this title, prior to repeal by

Pub. L. 103-337, Sec. 1629(a)(2), (c)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12683 of this title.

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10 USC PART IV - TRAINING FOR RESERVE COMPONENTS AND

EDUCATIONAL ASSISTANCE PROGRAMS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

.

-HEAD-

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

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Chap. Sec.

1601. Training Generally. (No present sections)

1606. Educational Assistance for Members of the Selected Reserve

16131

1608. Health Professions Stipend Program 16201

1609. Education Loan Repayment Programs 16301

1611. Other Educational Assistance Programs 16401

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 551(a)(2), Oct. 5,

1999, 113 Stat. 614, added item for chapter 1611.

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(1), Feb.

10, 1996, 110 Stat. 495, substituted ''Repayment Programs'' for

''Repayments'' in item for chapter 1609.

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