-CITE-

10 USC CHAPTER 60 - SEPARATION OF REGULAR OFFICERS FOR

SUBSTANDARD PERFORMANCE OF DUTY OR FOR

CERTAIN OTHER REASONS 01/06/03

-EXPCITE-

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

.

-HEAD-

CHAPTER 60 - SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD

PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS

-MISC1-

Sec.

1181. Authority to establish procedures to consider the separation

of officers for substandard performance of duty and for certain

other reasons.

1182. Boards of inquiry.

(1183. Repealed.)

1184. Removal of officer: action by Secretary upon recommendation

of board of inquiry.

1185. Rights and procedures.

1186. Officer considered for removal: voluntary retirement or

discharge.

1187. Officers eligible to serve on boards.

AMENDMENTS

1998 - Pub. L. 105-261, div. A, title V, Sec. 503(c)(2), Oct.

17, 1998, 112 Stat. 2004, struck out item 1183 ''Boards of review''

and substituted ''inquiry'' for ''review'' in item 1184.

1984 - Pub. L. 98-525, title V, Sec. 524(b)(2), Oct. 19, 1984, 98

Stat. 2524, substituted ''Authority to establish procedures to

consider the separation of officers for substandard performance of

duty and for certain other reasons'' for ''Authority to convene

boards of officers to consider separation of officers for

substandard performance of duty or for certain other reasons'' in

item 1181.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 617 of this title.

-CITE-

10 USC Sec. 1181 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 1181. Authority to establish procedures to consider the

separation of officers for substandard performance of duty and

for certain other reasons

-STATUTE-

(a) Subject to such limitations as the Secretary of Defense may

prescribe, the Secretary of the military department concerned shall

prescribe, by regulation, procedures for the review at any time of

the record of any commissioned officer (other than a commissioned

warrant officer or a retired officer) of the Regular Army, Regular

Navy, Regular Air Force, or Regular Marine Corps to determine

whether such officer shall be required, because his performance of

duty has fallen below standards prescribed by the Secretary of

Defense, to show cause for his retention on active duty.

(b) Subject to such limitations as the Secretary of Defense may

prescribe, the Secretary of the military department concerned shall

prescribe, by regulation, procedures for the review at any time of

the record of any commissioned officer (other than a commissioned

warrant officer or a retired officer) of the Regular Army, Regular

Navy, Regular Air Force, or Regular Marine Corps to determine

whether such officer should be required, because of misconduct,

because of moral or professional dereliction, or because his

retention is not clearly consistent with the interests of national

security, to show cause for his retention on active duty.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat.

2872; amended Pub. L. 98-525, title V, Sec. 524(b)(1), Oct. 19,

1984, 98 Stat. 2524.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-525 substituted ''Authority to establish

procedures to consider the separation of officers for substandard

performance of duty and for certain other reasons'' for ''Authority

to convene boards of officers to consider separation of officers

for substandard performance of duty or for certain other reasons''

in section catchline.

Subsecs. (a), (b). Pub. L. 98-525 amended subsecs. (a) and (b)

generally, substituting ''Subject to such limitations as the

Secretary of Defense may prescribe, the Secretary of the military

department concerned shall prescribe, by regulation, procedures for

the review at any time of the record'' for ''Under regulations

prescribed by the Secretary of Defense, the Secretary of the

military department concerned may at any time convene a board of

officers to review the record''.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 524(b)(3) of Pub. L. 98-525 provided that: ''The

amendments made by paragraphs (1) and (2) (amending this section

and the analysis to this chapter) shall take effect on the first

day of the first month that begins more than 60 days after the date

of the enactment of this Act (Oct. 19, 1984), but shall not apply

to any case in which, before that date, a board of officers has

been ordered to convene under the provisions of section 1181 of

title 10, United States Code, as in effect before that date.''

EFFECTIVE DATE

Chapter effective Sept. 15, 1981, but the authority to prescribe

regulations under this chapter 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.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 618, 1182, 1185, 1186 of

this title.

-CITE-

10 USC Sec. 1182 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 1182. Boards of inquiry

-STATUTE-

(a) The Secretary of the military department concerned shall

convene boards of inquiry at such times and places as the Secretary

may prescribe to receive evidence and make findings and

recommendations as to whether an officer who is required under

section 1181 of this title to show cause for retention on active

duty should be retained on active duty. Each board of inquiry

shall be composed of not less than three officers having the

qualifications prescribed by section 1187 of this title.

(b) A board of inquiry shall give a fair and impartial hearing to

each officer required under section 1181 of this title to show

cause for retention on active duty.

(c)(1) If a board of inquiry determines that the officer has

failed to establish that he should be retained on active duty, it

shall recommend to the Secretary concerned that the officer not be

retained on active duty.

(2) Under regulations prescribed by the Secretary concerned, an

officer as to whom a board of inquiry makes a recommendation under

paragraph (1) that the officer not be retained on active duty may

be required to take leave pending the completion of the officer's

case under this chapter. The officer may be required to begin such

leave at any time following the officer's receipt of the report of

the board of inquiry, including the board's recommendation for

removal from active duty, and the expiration of any period allowed

for submission by the officer of a rebuttal to that report. The

leave may be continued until the date on which action by the

Secretary concerned on the officer's case is completed or may be

terminated at any earlier time.

(d)(1) If a board of inquiry determines that the officer has

established that he should be retained on active duty, the

officer's case is closed.

(2) An officer who is required to show cause for retention on

active duty under subsection (a) of section 1181 of this title and

who is determined under paragraph (1) to have established that he

should be retained on active duty may not again be required to show

cause for retention on active duty under such subsection within 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 on active duty under subsection (b) of

section 1181 of this title and who is determined under paragraph

(1) to have established that he should be retained on active duty

may again be required to show cause for retention at any time.

(B) An officer who has been required to show cause for retention

on active duty under subsection (b) of section 1181 of this title

and who is thereafter retained on active duty may not again be

required to show cause for retention on active duty under such

subsection solely because of conduct which was the subject of the

previous proceedings, unless the findings or recommendations of the

board of inquiry that considered his case are determined to have

been obtained by fraud or collusion.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat.

2872; amended Pub. L. 105-261, div. A, title V, Sec. 503(b)(1),

Oct. 17, 1998, 112 Stat. 2003; Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1087(d)(2)), Oct. 30, 2000, 114 Stat. 1654,

1654A-292; Pub. L. 107-314, div. A, title V, Sec. 506(a), Dec. 2,

2002, 116 Stat. 2534.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-314 designated existing

provisions as par. (1) and added par. (2).

2000 - Subsec. (c). Pub. L. 106-398 made technical correction to

directory language of Pub. L. 105-261, Sec. 503(b)(1). See 1998

Amendment note below.

1998 - Subsec. (c). Pub. L. 105-261, Sec. 503(b)(1), as amended

by Pub. L. 106-398, substituted ''recommend to the Secretary

concerned that the officer not be retained on active duty'' for

''send the record of its proceedings to a board of review convened

under section 1183 of this title''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1087(d)), Oct.

30, 2000, 114 Stat. 1654, 1654A-292, provided that the amendment

made by section 1 ((div. A), title X, Sec. 1087(d)(2)) is effective

Oct. 17, 1998, and as if included in the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999, Pub. L. 105-261, as

enacted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 707a, 1184 of this

title.

-CITE-

10 USC Sec. 1183 01/06/03

-EXPCITE-

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

-HEAD-

(Sec. 1183. Repealed. Pub. L. 105-261, div. A, title V, Sec.

503(a), Oct. 17, 1998, 112 Stat. 2003)

-MISC1-

Section, added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980,

94 Stat. 2873, related to convening and determinations of boards of

review.

-CITE-

10 USC Sec. 1184 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 1184. Removal of officer: action by Secretary upon

recommendation of board of inquiry

-STATUTE-

The Secretary of the military department concerned may remove an

officer from active duty if the removal of such officer from active

duty is recommended by a board of inquiry convened under section

1182 of this title.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat.

2874; amended Pub. L. 105-261, div. A, title V, Sec. 503(b)(2),

(c)(1), Oct. 17, 1998, 112 Stat. 2003.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-261 substituted ''inquiry'' for ''review'' in

section catchline and ''board of inquiry convened under section

1182 of this title'' for ''board of review convened under section

1183 of this title'' in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 707a, 1186 of this title.

-CITE-

10 USC Sec. 1185 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 1185. Rights and procedures

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat.

2874.)

-CITE-

10 USC Sec. 1186 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 1186. Officer considered for removal: voluntary retirement or

discharge

-STATUTE-

(a) At any time during proceedings under this chapter with

respect to the removal of an officer from active duty, 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; or

(2) for discharge in accordance with subsection (b)(2).

(b) An officer removed from active duty under section 1184 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

such provision; and

(2) if ineligible for voluntary retirement under any provision

of law 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 1181 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

1181 of this title.

(c) An officer who is discharged under subsection (b)(2) is

entitled, if eligible therefor, to separation pay under section

1174(a)(2) of this title.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat.

2874; amended Pub. L. 101-510, div. A, title V, Sec. 501(f)(1),

Nov. 5, 1990, 104 Stat. 1550.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-510 substituted ''section

1174(a)(2)'' for ''section 1174(b)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1174, 1370, 3924, 8924 of

this title.

-CITE-

10 USC Sec. 1187 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 1187. Officers eligible to serve on boards

-STATUTE-

(a) Active Duty Officers. - Except as provided in subsection (b),

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 on active duty.

(2) Each member of the board shall be on the active-duty list.

(3) Each member of the board shall be in a grade above major or

lieutenant commander, except that at least one member of the

board shall be in a grade above lieutenant colonel or commander.

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

officer to be considered by the board.

(b) Retired Officers. - If qualified officers on active duty are

not available in sufficient numbers to comprise a board convened

under this chapter, the Secretary of the military department

concerned shall complete the membership of the board by appointing

to the board retired officers of the same armed force. A retired

officer may be appointed to such a board only if the retired grade

of that officer -

(1) is above major or lieutenant commander or, in the case of

an officer to be the senior officer of the board, above

lieutenant colonel or commander; and

(2) is senior to the grade of any officer to be considered by

the board.

(c) Ineligibility by Reason of Previous Consideration of Same

Officer. - No person may be a member of more than one board

convened under this chapter to consider the same officer.

(d) Exclusion From Strength Limitation. - A retired general or

flag officer who is on active duty for the purpose of serving on a

board convened under this chapter shall not, while so serving, be

counted against any limitation on the number of general and flag

officers who may be on active duty.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat.

2875; amended Pub. L. 106-65, div. A, title V, Sec. 504(a), Oct.

5, 1999, 113 Stat. 590.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 amended text generally. Prior to

amendment, text consisted of subsecs. (a) and (b) relating to

officers eligible to serve on boards.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1182 of this title.

-CITE-