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10 U.S.C. § 14904 — Rights and procedures
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.
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Source location: Title 10, Chapter 1411, § 14904; chapter-1411-additional-provisions-relating-to-involuntary-separation.md
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**(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.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14902
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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
Page 3758
TITLE 10—ARMED FORCES
§ 14903
termine whether that officer should be required,
because of misconduct, because of moral or pro-
fessional dereliction, or because the officer’s re-
tention is not clearly consistent with the inter-
ests of national security, to show cause for re-
tention in an active status.
(c) REGULATIONS.—The authority of the Sec-
retary of a military department under this sec-
tion shall be carried out subject to such limita-
tions as the Secretary of Defense may prescribe
by regulation.
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2958.)
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.
§ 14903. Boards of inquiry
(a) CONVENING OF BOARDS.—The Secretary of
the military department concerned shall con-
vene a board of inquiry at such time and place
as the Secretary may prescribe to receive evi-
dence 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 qualifica-
tions prescribed in section 14906 of this title.
(b) RIGHT TO FAIR HEARING.—A board of in-
quiry 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 re-
tained in an active status, the board shall rec-
ommend to the Secretary concerned that the of-
ficer not be retained in an active status.
(d) ACTION BY S
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14904
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