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14 U.S.C. § 2162 — Rights and procedures
Federal law — U.S. Code and appendices · legal_authorities
Each officer under consideration for removal under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim) shall be—
(1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;
(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense;
(3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and
(4) allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.
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Stable record: federal_law:legal_authorities:record_usc_89aff278d75a833af95cd948
Source file: Laws/federal/codes/united-states-code/title-14/section-2162-rights-and-procedures--b50b474558.md
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Source location: Title 14, Chapter 21, § 2162; chapter-021-personnel-officers.md
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Each officer under consideration for removal under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim) shall be—
(1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;
(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense;
(3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and
(4) allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under [section 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim) should be retained on active duty.
**(b)** A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention.
**(c)** If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall recommend to the Secretary that the officer not be retained on active duty.
**(d)** If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of [section 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim), and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2159
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Federal law — U.S. Code and appendices · legal_authorities
Page 150
TITLE 14—COAST GUARD
§ 2160
§ 2160. Boards of review
(a) Boards of review shall be convened at such
times as the Secretary may prescribe, to review
the records of cases of officers recommended by
boards of inquiry for removal.
(b) If, after reviewing the record of the case, a
board of review determines that the officer has
failed to establish that he should be retained, it
shall send its recommendation to the Secretary
for his action.
(c) If, after reviewing the record of the case, a
board of review determines that the officer has
established that he should be retained on active
duty, his case is closed. However, at any time
after one year from the date of the determina-
tion in a case arising under clause (1) of section
2158 of this title and at any time after the date
of the determination in a case arising under
clause (2) of that section, an officer may again
be required to show cause for retention.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77
Stat. 188, § 323; amended Pub. L. 97–295, § 2(10),
Oct. 12, 1982, 96 Stat. 1302; renumbered § 2160 and
amended Pub. L. 115–282, title I, §§ 112(b),
123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–282, § 112(b), renumbered section 323
of this title as this section.
Subsec. (c). Pub. L. 115–282, § 123(b)(2), substituted
‘‘section 2158’’ for ‘‘section 321’’.
1982—Subsec. (c). Pub. L. 97–295 inserted ‘‘of this
title’’ after ‘‘section 321’’.
§ 2161. Composition of boards
(a) A board convened under section 2158, 2159,
or 2160 of this title shall consist of at least three
officers of the grade of commander or above, all
of whom are serving in a grade senior to the
grade of any officer considered by the board.
(b) No individual may be a m
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2162
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