10 U.S.C. § 1181 — Authority to establish procedures to con-

Page 1251 TITLE 10—ARMED FORCES § 1182 § 1181. Authority to establish procedures to con- sider the separation of officers for sub- standard performance of duty and for cer- tain other reasons (a) Subject to such limitations as the Sec- retary of Defense may prescribe, the Secretary of the military department concerned shall pre- scribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant offi- cer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Ma- rine Corps, or Regular Space Force to determine whether such officer shall be required, because his performance of duty has fallen below stand- ards prescribed by the Secretary of Defense, to show cause for his retention on active duty. (b) Subject to such limitations as the Sec- retary of Defense may prescribe, the Secretary of the military department concerned shall pre- scribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant offi- cer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Ma- rine 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 clear- ly consistent with the interests of national secu- rity, to show cause for his retention on active duty. (Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2872; amended Pub. L. 98–525, title V, § 524(b)(1), Oct. 19, 1984, 98 Stat. 2524; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(J), Jan. 1, 2021, 134 Stat. 3822.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Regular Marine Corps, or Regular Space Force’’ for ‘‘or Regular Marine Corps’’ in subsecs. (a) and (b). 1984—Pub. L. 98–525 substituted ‘‘Authority to estab- lish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons’’ for ‘‘Authority to convene boards of of- ficers to consider separation of officers for substandard performance of duty or for certain other reasons’’ in section catchline. Subsecs. (a), (b). Pub. L. 98–525 amended subsecs. (a) and (b) generally, substituting ‘‘Subject to such limita- tions 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’’ for ‘‘Under regulations pre- scribed by the Secretary of Defense, the Secretary of the military department concerned may at any time convene a board of officers to review the record’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title V, § 524(b)(3), Oct. 19, 1984, 98 Stat. 2524, provided that: ‘‘The amendments made by para- graphs (1) and (2) [amending this section and the anal- ysis to this chapter] shall take effect on the first day of the first month that begins more than 60 days after the date of the enactment of this Act [Oct. 19, 1984], but shall not apply to any case in which, before that date, a board of officers has been ordered to convene under the provisions of section 1181 of title 10, United States Code, as in effect before that date.’’ EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this chapter 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. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title. § 1182. Boards of inquiry (a) The Secretary of the military department concerned shall convene boards of inquiry at such times and places as the Secretary may pre- scribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 1181 of this title to show cause for retention on active duty should be retained on active duty. Each board of in- quiry shall be composed of not less than three officers having the qualifications prescribed by section 1187 of this title. (b) A board of inquiry shall give a fair and im- partial hearing to each officer required under section 1181 of this title to show cause for reten- tion 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 Sec- retary concerned, an officer as to whom a board of inquiry makes a recommendation under para- graph (1) that the officer not be retained on ac- tive 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 re- ceipt of the report of the board of inquiry, in- cluding the board’s recommendation for removal from active duty, and the expiration of any pe- riod allowed for submission by the officer of a rebuttal to that report. The leave may be con- tinued until the date on which action by the Secretary concerned on the officer’s case is com- pleted or may be terminated at any earlier time. (d)(1)(A) If a board of inquiry determines that an officer should be retained, the officer’s case is closed unless the board substantiated a basis for separation and, upon recommendation from the service chief, the Secretary of the military de- partment determines that the board’s retention recommendation is clearly erroneous in light of the evidence considered by the board, a mis- carriage of justice, and inconsistent with the best interest of the service. In such cases, the Secretary of the military department may sepa- rate the officer after providing a written jus- tification of the decision to separate. (B) An officer considered for separation under this section must be notified and afforded the opportunity to present matters for the Sec- retary of the military department to consider