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10 U.S.C. § 14906 — Officers eligible to serve on boards

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14906 — Officers eligible to serve on boards

**(a) Composition of Boards.—** Each board convened under this chapter shall consist of officers appointed as follows: (1) Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention in an active status. (2) Each member of the board shall hold a grade above major or lieutenant commander, except that at least one member of the board shall hold a grade above lieutenant colonel or commander. (3) Each member of the board shall be senior in grade to any officer to be considered by the board. **(b) Limitation.—** A person may not be a member of more than one board convened under this chapter to consider the same officer.

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Source location: Title 10, Chapter 1411, § 14906; chapter-1411-additional-provisions-relating-to-involuntary-separation.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14903 — Boards of inquiry

**(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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14906 — Officers eligible to serve on boards

Page 3759 TITLE 10—ARMED FORCES § 14907 118–159, div. A, title V, § 509(b), Dec. 23, 2024, 138 Stat. 1872.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(3). Pub. L. 118–159, § 509(b)(1), sub- stituted ‘‘subject to subsection (c), shall be’’ for ‘‘shall be’’. Subsec. (c). Pub. L. 118–159, § 509(b)(2), added subsec. (c). 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. § 14905. Officer considered for removal: retire- ment or discharge (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 de- partment 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 re- quired for eligibility for retired pay under chapter 1223 of this title and is otherwise eligi- ble for transfer to the Retired Reserve; or (3) for discharge in accordance with sub- section (b)(3). (b) REQUIRED RETIREMENT OR DISCHARGE.—An officer removed from an active status under sec- tion 14903 of this title shall— (1) if eligible for voluntary retirement under any provision of law on the date of such re- moval, be retired in the grade and with the re- tired pay for which he would be eligible if re- tired under that provision; (2) if eligible for transfer to the Retired Re- serve and has completed the years of service required for retired pay under chapter 1223 of this title, be transferred to the Retired Re- serve; and (3) if ineligible for retirement or transfer to the Retir

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