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10 U.S.C. § 14902 — Separation for substandard performance and for certain other reasons
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-14902-separation-for-substandard-performance-and-for-certain-other-reasons--46fa2c161e.md
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Source location: Title 10, Chapter 1411, § 14902; chapter-1411-additional-provisions-relating-to-involuntary-separation.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report of Officers Recommended for Promotion.—** Each promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) shall submit to the Secretary of the military department concerned a report in writing containing a list of the names of the officers recommended by the board for promotion. The report shall be signed by each member of the board.
**(b) Certification.—** Each report under subsection (a) shall include a certification—
(1) that the board has carefully considered the record of each officer whose name was furnished to the board; and
(2) that, in the case of a promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim), in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the armed force concerned (as noted in the guidelines or information furnished the board under [section 14107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107&num=0&edition=prelim)) among those officers whose names were furnished to the selection board.
**(c) Show-Cause Recommendations.—**
(1) A promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) shall include in its report to the Secretary concerned the name of any reserve officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required to show c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14109
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim). Each board of inquiry shall be composed of not less than three officers who have the qualifications prescribed in [section 14906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14906&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim) 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 ret
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedural Rights.—** Under regulations prescribed by the Secretary of Defense, an officer required under [section 14902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim) 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) subject to subsection (c), 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.
**(c) Remote Appearance.—** The Secretary concerned may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry may be via means other than in person.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14904
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14903&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim); 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](https://uscode.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14905
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Federal law — U.S. Code and appendices · legal_authorities
Page 3757
TITLE 10—ARMED FORCES
§ 14902
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 6389(f)(3) of this title, prior to repeal
by Pub. L. 103–337, § 1628(4).
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘Navy
Reserve’’ for ‘‘Naval Reserve’’.
2003—Subsec. (b)(1). Pub. L. 108–136 substituted ‘‘se-
lection board’’ for ‘‘continuation board’’.
1998—Subsec. (b). Pub. L. 105–261 designated existing
provisions as par. (1), inserted ‘‘of officers’’ after ‘‘con-
sideration’’ and ‘‘continuation’’ after ‘‘shall convene
a’’, and added par. (2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section 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.
§ 14706. Computation of total years of service
(a) For the purpose of this chapter and chapter
1407 of this title, a Reserve officer’s years of
service include all service of the officer as a
commissioned officer of a uniformed service
other than the following:
(1) Service as a warrant officer.
(2) Constructive service.
(3) Service after appointment as a commis-
sioned officer of a reserve component while in
a program of advanced education to obtain the
first professional degree required for appoint-
ment, designation, or assignment to a profes-
sional specialty, but only if that service oc-
curs before the officer commences initial serv-
ice on active duty or initial service in the
Ready Reserve in the specialty that results
from such a degree.
(b) The exclusion under subsection (a)(3) does
not apply to service performed by an officer who
previously served on active duty or participated
as a member of the Ready Reserve in other than
a student status for the p
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14902
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