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10 U.S.C. § 1187 — Officers eligible to serve on boards
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b), 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 on active duty.
(2) Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in 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) Retired Officers.—** If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer—
(1) is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and
(2) is senior to the grade of any officer to be considered by the board.
**(c) Ineligibility by Reason of Previous Consideration of Same Officer.—** No person may be a member of more than one board convened under this chapter to consider the same officer.
**(d) Exclusion From Strength Limitation.—** A retired general or flag officer who is on active duty for the purpose of serving on a board convened under this chapter shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
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Stable record: federal_law:legal_authorities:record_usc_e54ff2e2a288a7c0a7eceef4
Source file: Laws/federal/codes/united-states-code/title-10/section-1187-officers-eligible-to-serve-on-boards--af337fa4c1.md
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Passage SHA-256: 75080d6cfacd52699741825f43bd488bdfdeba0fdb33286cc05f54d33e800564
Source location: Title 10, Chapter 60, § 1187; chapter-060-separation-of-regular-officers-for-substandard-performance-of-duty-or-for-certain-other-reasons.md
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**(a) In General.—** Except as provided in subsection (b), 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 on active duty.
(2) Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in 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) Retired Officers.—** If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer—
(1) is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and
(2) is senior to the grade of any officer to be considered by the board.
**(c) Ineligibility by Reason of Previous Consideration of Same Officer.—** No person may be a member of more than one board convened under this chapter to consider the same officer.
**(d) Exclusion From Strength Limitation.—** A retired general or flag officer who is on active duty for the purpose of serving on a board convened under this chapter shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
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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)** The Secretary of the military department concerned shall convene boards of inquiry at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is 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 should be retained on active duty. Each board of inquiry shall be composed of not less than three officers having the qualifications prescribed by [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim).
**(b)** A board of inquiry shall give a fair and impartial hearing to 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.
**(c)**
(1) If a board of inquiry determines that the officer has failed to establish that he should be retained on active duty, it shall recommend to the Secretary concerned that the officer not be retained on active duty.
(2) Under regulations prescribed by the Secretary concerned, an officer as to whom a board of inquiry makes a recommendation under paragraph (1) that the officer not be retained on active duty may be required to take leave pending the completion of the officer’s case under this chapter. The officer may be required to begin such leave at any time following the officer’s receipt of the report of the board of inquiry, including the board’s recommendation for removal from active duty, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1182
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The provisions of [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim) apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title.
**(b) Retired Air Force Officers.—**
(1) **Authority.—** — In applying subsection (b) of [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim) to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board.
(2) **Limitation.—** — A retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20506
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, the term “use or release restriction”, with respect to technical data delivered to the United States under a contract subject to this section, means a restriction by the contractor or subcontractor on the right of the United States—
(1) to use such technical data; or
(2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3786
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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 1253
TITLE 10—ARMED FORCES
§ 1187
(3) subject to subsection (c), shall be allowed
to appear in person and to be represented by
counsel at proceedings before the board of in-
quiry; 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 con-
cerned 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 consider-
ation shall, to the extent that the interest of na-
tional security permits, be furnished a summary
of the record so withheld.
(c) The Secretary concerned may determine
that, in exceptional circumstances, the appear-
ance of an officer before the proceedings of a
board of inquiry may be via means other than in
person.
(Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980,
94 Stat. 2874; amended Pub. L. 118–159, div. A,
title V, § 509(a), Dec. 23, 2024, 138 Stat. 1872.)
Editorial Notes
AMENDMENTS
2024—Subsec. (a)(3). Pub. L. 118–159, § 509(a)(1), sub-
stituted ‘‘subject to subsection (c), shall be’’ for ‘‘shall
be’’.
Subsec. (c). Pub. L. 118–159, § 509(a)(2), added subsec.
(c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Sept. 15, 1981, but the authority to
prescribe regulations under this section effective on
Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as
an Effective Date of 1980 Amendment note under sec-
tion 101 of this title.
§ 1186. Officer considered for removal: voluntary
retirement or discharge
(a) At any time during proceedings under this
chapter with respect to the removal of an officer
from active duty, the Secretary of the military
department concer
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1187
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.