10 U.S.C. § 1184 — Removal of officer: action by Secretary

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 officer who has been required to show cause for retention on active duty under sub- section (b) of section 1181 of this title and who is thereafter retained on active duty may not again be required to show cause for retention on active duty under such subsection solely be- cause of conduct which was the subject of the previous proceedings, unless the findings or rec- ommendations of the board of inquiry that con- sidered his case are determined to have been ob- tained by fraud or collusion. (Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2872; amended Pub. L. 105–261, div. A, title V, § 503(b)(1), Oct. 17, 1998, 112 Stat. 2003; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292; Pub. L. 107–314, div. A, title V, § 506(a), Dec. 2, 2002, 116 Stat. 2534; Pub. L. 118–159, div. A, title V, § 508, Dec. 23, 2024, 138 Stat. 1871.) Editorial Notes AMENDMENTS 2024—Subsec. (d)(1). Pub. L. 118–159, § 508(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘If a board of inquiry determines that the offi- cer has established that he should be retained on active duty, the officer’s case is closed.’’ Subsec. (d)(2) to (4). Pub. L. 118–159, § 508(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. 2002—Subsec. (c). Pub. L. 107–314 designated existing provisions as par. (1) and added par. (2). 2000—Subsec. (c). Pub. L. 106–398 made technical cor- rection to directory language of Pub. L. 105–261, § 503(b)(1). See 1998 Amendment note below. 1998—Subsec. (c). Pub. L. 105–261, § 503(b)(1), as amend- ed by Pub. L. 106–398, substituted ‘‘recommend to the Secretary concerned that the officer not be retained on active duty’’ for ‘‘send the record of its proceedings to a board of review convened under section 1183 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, provided that the amend- ment made by section 1 [[div. A], title X, § 1087(d)(2)] is effective Oct. 17, 1998, and as if included in the Strom Thurmond National Defense Authorization Act for Fis- cal Year 1999, Pub. L. 105–261, as enacted. 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. [§ 1183. Repealed. Pub. L. 105–261, div. A, title V, § 503(a), Oct. 17, 1998, 112 Stat. 2003] Section, added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2873, related to convening and determina- tions of boards of review. § 1184. Removal of officer: action by Secretary upon recommendation of board of inquiry The Secretary of the military department con- cerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry convened under section 1182 of this title. (Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 105–261, div. A, title V, § 503(b)(2), (c)(1), Oct. 17, 1998, 112 Stat. 2003.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–261 substituted ‘‘inquiry’’ for ‘‘re- view’’ in section catchline and ‘‘board of inquiry con- vened under section 1182 of this title’’ for ‘‘board of re- view convened under section 1183 of this title’’ in text. 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. § 1185. Rights and procedures (a) Under regulations prescribed by the Sec- retary of Defense, each officer required under section 1181 of this title to show cause for reten- tion 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 de- termined by the board of inquiry, to prepare his showing of cause for his retention on ac- tive duty;