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10 U.S.C. § 1185 — Rights and procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary of Defense, 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—
(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) 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 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.
**(c)** 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. § 1185
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Stable record: federal_law:legal_authorities:record_usc_8a0231794dccf7ff156346d9
Source file: Laws/federal/codes/united-states-code/title-10/section-1185-rights-and-procedures--0e2c2af783.md
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Source location: Title 10, Chapter 60, § 1185; chapter-060-separation-of-regular-officers-for-substandard-performance-of-duty-or-for-certain-other-reasons.md
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**(a)** Under regulations prescribed by the Secretary of Defense, 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—
(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) 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 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.
**(c)** 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)** 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, Regular Marine Corps, or Regular Space Force 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, Regular Marine Corps, or Regular Space Force 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: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1181
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Decision by Contracting Officer.—**
(1) Upon failure by the contractor or subcontractor to submit any response under [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim), the contracting officer shall issue a decision pertaining to the validity of the asserted restriction.
(2) After review of any justification submitted in response to the notice provided pursuant to [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim), the contracting officer shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued.
**(b) Claims.—** If a claim pertaining to the validity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of chapter 71 of title 41.
**(c) Rights and Liability Upon Final Disposition.—**
(1) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is sustained—
(A) the restriction shall be cancelled; and
(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in [section 2412(d)(2)(A) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/d/2/A&num=0&edition=prelim)) incurred by the United States in challenging the asserted restri
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3785
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary of Defense shall, if required to release technical data under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (relating to the Freedom of Information Act), release such technical data to the person requesting the release if the person pays all reasonable costs attributable to search, duplication, and review.
(2) The Secretary of Defense shall prescribe regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees under this section.
**(b) Crediting of Receipts.—** An amount received under this section—
(1) shall be retained by the Department of Defense or the element of the Department of Defense receiving the amount; and
(2) shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs incurred in complying with requests for technical data were paid.
**(c) Waiver.—** The Secretary of Defense shall waive the payment of costs required by subsection (a) which are in an amount greater than the costs that would be required for such a release of information under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) if—
(1) the request is made by a citizen of the United States or a United States corporation, and such citizen or corporation certifies that the technical data requested is required to enable such citizen or corporation to submit an offer or determine whether it is capable of submitting an offer to provide the product to which the technical data relates to the United States or a contractor with the United States (except that the Secretary may require the citizen or corporat
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3794
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Except as provided in subsection (b), the Secretary of the Navy may charge a person a fee for providing the person with information from the United States Naval Historical Center or the Marine Corps Historical Center that is requested by that person.
**(b) Exceptions.—** A fee may not be charged under this section—
(1) to a person for information that the person requests to carry out a duty as a member of the armed forces or an officer or employee of the United States; or
(2) for a release of information under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(c) Limitation on Amount.—** A fee charged for providing information under this section may not exceed the cost of providing the information.
**(d) Retention of Fees.—** Amounts received under subsection (a) for providing information from the United States Naval Historical Center or the Marine Corps Historical Center in any fiscal year shall be credited to the appropriation or appropriations charged the costs of providing information to the public from that historical center during that fiscal year.
**(e) Definitions.—** In this section:
(1) The term “United States Naval Historical Center” means the archive for historical records and materials of the Navy that the Secretary of the Navy designates as the primary archive for such records and materials.
(2) The term “Marine Corps Historical Center” means the archive for historical records and materials of the Marine Corps that the Secretary of the Navy designates as the primary archive for such records and materials.
(3) The terms “officer of the United States” and “employee of the United States” have the meanings given the terms “officer” and “employee”, respec
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8782
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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. § 1185
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