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10 U.S.C. § 1183 — Repealed. Pub. L. 105–261, div. A, title V, § 503(a), Oct. 17, 1998, 112 Stat. 2003]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2873, related to convening and determinations of boards of review.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1183-repealed-pub-l-105261-div-a-title-v-503-a-oct-17-1998-112-stat-2003--18996e399e.md
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Source location: Title 10, Chapter 60, § 1183; chapter-060-separation-of-regular-officers-for-substandard-performance-of-duty-or-for-certain-other-reasons.md
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### Statutory Notes
Section, added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2873, related to convening and determinations of boards of review.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim).
**(b)** A board of inquiry shall give a fair and impartial hearing to each officer required under [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1182
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1182&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1184
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Federal law — U.S. Code and appendices · legal_authorities
Page 1252
TITLE 10—ARMED FORCES
[§ 1183
when making the separation determination. The
Secretary of the military department shall re-
view the case to determine whether the reten-
tion recommendation of the board is clearly
contrary to the substantial weight of the evi-
dence in the record and whether the officer’s
conduct discredits the Service, adversely affects
good order and discipline, and adversely affects
the officer’s performance of duty.
(C) Exercise of authority to separate an officer
under this section shall be reserved for unusual
cases where such action is essential to the inter-
ests of justice, discipline, and proper adminis-
tration of the service.
(2) Authority to direct administrative separa-
tion after a board of inquiry’s recommendation
to retain an officer may only be delegated to a
civilian official within a military department
appointed by the President, by and with the ad-
vice and consent of the Senate. The least favor-
able characterization in such cases will be gen-
eral (under honorable conditions).
(3) 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 ac-
tive duty under such subsection within the one-
year period beginning on the date of that deter-
mination.
(4)(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 para-
graph (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 off
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1183
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