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10 U.S.C. § 14903 — Boards of inquiry
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-10/section-14903-boards-of-inquiry--04945e5537.md
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Source location: Title 10, Chapter 1411, § 14903; chapter-1411-additional-provisions-relating-to-involuntary-separation.md
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**(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 retention under [section 14902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902/a&num=0&edition=prelim) and whose case is closed under paragraph (1) may not again be required to show cause for retention under such subsection during the one-year period beginning on the date of that determination.
(3)
(A) Subject to subparagraph (B), an officer who is required to show cause for retention under [section 14902(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902/b&num=0&edition=prelim) and whose case is closed under paragraph (1) may again be required to show cause for retention at any time.
(B) An officer who has been required to show cause for retention under [section 14902(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902/b&num=0&edition=prelim) and who is thereafter retained in an active status may not again be required to show cause for retention under such section solely because of conduct which was the subject of the previous proceeding, unless the recommendations of the board of inquiry that considered the officer’s case are determined to have been obtained by fraud or collusion.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14906
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delay During Investigations and Proceedings.—**
(1) Under regulations prescribed by the Secretary of Defense, the appointment of an officer to a higher grade may be delayed if any of the following applies before the date on which the appointment would otherwise be made:
(A) Sworn charges against the officer have been received by an officer exercising general court-martial jurisdiction over the officer and the charges have not been disposed of.
(B) An investigation is being conducted to determine whether disciplinary action of any kind should be brought against the officer.
(C) A board of officers has been convened under [section 14903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14903&num=0&edition=prelim) to review the record of the officer.
(D) A criminal proceeding in a Federal or State court of competent jurisdiction is pending against the officer.
(E) Substantiated adverse information about the officer that is material to the decision to appoint the officer is under review by the Secretary of Defense or the Secretary concerned.
(F) The Secretary of the military department concerned determines that credible information of adverse nature, including a substantiated adverse finding or conclusion described in [section 14107(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14107/a/3/A&num=0&edition=prelim), with respect to the officer will result in the convening of a special selection review board under [section 14502a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502a&num=0&edition=prelim) to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.
(
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Federal law — U.S. Code and appendices · legal_authorities
**(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 department 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 required for eligibility for retired pay under chapter 1223 of this title and is otherwise eligible for transfer to the Retired Reserve; or
(3) for discharge in accordance with subsection (b)(3).
**(b) Required Retirement or Discharge.—** An officer removed from an active status under [section 14903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14903&num=0&edition=prelim) shall—
(1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which he would be eligible if retired under that provision;
(2) if eligible for transfer to the Retired Reserve and has completed the years of service required for retired pay under chapter 1223 of this title, be transferred to the Retired Reserve; and
(3) if ineligible for retirement or transfer to the Retired Reserve under paragraph (1) or (2) on the date of such removal—
(A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of [section 14902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14902&num=0&edition=prelim); or
(B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of [section 14902 of this title](https://uscode.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14905
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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. § 14903
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