10 U.S.C. § 1187 — Officers eligible to serve on boards

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 concerned may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; or (2) for discharge in accordance with sub- section (b)(2). (b) An officer removed from active duty under section 1184 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 such provision; and (2) if ineligible for voluntary retirement under any provision of law 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 sec- tion 1181 of this title; or (B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 1181 of this title. (c) An officer who is discharged under sub- section (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title. (Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 101–510, div. A, title V, § 501(f)(1), Nov. 5, 1990, 104 Stat. 1550.) Editorial Notes AMENDMENTS 1990—Subsec. (c). Pub. L. 101–510 substituted ‘‘section 1174(a)(2)’’ for ‘‘section 1174(b)’’. 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. § 1187. Officers eligible to serve on boards (a) IN GENERAL.—Except as provided in sub- section (b), each board convened under this chapter shall consist of officers appointed as fol- lows: (1) Each member of the board shall be an of- ficer 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 Sec- retary 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 ap- pointed 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 of- ficer 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 CON- SIDERATION 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 con- vened 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. (Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 106–65, div. A, title V, § 504(a), Oct. 5, 1999, 113 Stat. 590; Pub. L. 110–417, [div. A], title V, § 505, Oct. 14, 2008, 122 Stat. 4434.) Page 1254 TITLE 10—ARMED FORCES § 1187 Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–417, § 505(a)(1), (b), sub- stituted ‘‘In General’’ for ‘‘Active Duty Officers’’ in heading, redesignated pars. (3) and (4) as (2) and (3), re- spectively, and struck out former par. (2) which read as follows: ‘‘Each member of the board shall be on the ac- tive-duty list.’’ Subsec. (b). Pub. L. 110–417, § 505(a)(2), struck out ‘‘on active duty’’ after ‘‘qualified officers’’ in introductory provisions. 1999—Pub. L. 106–65 amended text generally. Prior to amendment, text consisted of subsecs. (a) and (b) relat- ing to officers eligible to serve on boards. 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. CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY Sec. 1201. Regulars and members on active duty for more than 30 days: retirement. 1202. Regulars and members on active duty for more than 30 days: temporary disability re- tired list. 1203. Regulars and members on active duty for more than 30 days: separation. 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement. 1205. Members on active duty for 30 days or less: temporary disability retired list. 1206. Members on active duty for 30 days or less or on inactive-duty training: separation. 1206a. Reserve component members unable to per- form duties when ordered to active duty: disability system processing. 1207. Disability from intentional misconduct or willful neglect: separation. 1207a. Members with over eight years of active serv- ice: eligibility for disability retirement for pre-existing conditions. 1208. Computation of service. 1209. Transfer to inactive status list instead of sep- aration. 1210. Members on temporary disability retired list: periodic physical examination; final deter- mination of status. 1211. Members on temporary disability retired list: return to active duty; promotion. 1212. Disability severance pay. 1213. Effect of separation on benefits and claims. 1214. Right to full and fair hearing. 1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involun- tary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evalua- tion. 1215. Members other than Regulars: applicability of laws. 1216. Secretaries: powers, functions, and duties. 1216a. Determinations of disability: requirements and limitations on determinations. 1217. Academy cadets and midshipmen: applica- bility of chapter. 1218. Discharge or release from active duty: claims for compensation, pension, or hospitaliza- tion. 1218a. Discharge or release from active duty: transi- tion assistance for reserve component mem- bers injured while on active duty. Sec. 1219. Statement of origin of disease or injury: limi- tations. [1220. Repealed.] 1221. Effective date of retirement or placement of name on temporary disability retired list. 1222. Physical evaluation boards. Editorial Notes AMENDMENTS 2011—Pub. L. 112–81, div. A, title V, § 527(c)(2), Dec. 31, 2011, 125 Stat. 1402, substituted ‘‘Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation’’ for ‘‘Members de- termined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical condi- tions considered in evaluation’’ in item 1214a. Pub. L. 111–383, div. A, title V, § 534(a)(2), Jan. 7, 2011, 124 Stat. 4217, added item 1214a. 2009—Pub. L. 111–84, div. A, title VI, § 641(b), Oct. 28, 2009, 123 Stat. 2365, added item 1218a. 2008—Pub. L. 110–181, div. A, title XVI, § 1642(b), Jan. 28, 2008, 122 Stat. 465, added item 1216a. 2006—Pub. L. 109–364, div. A, title V, § 597(a)(2), Oct. 17, 2006, 120 Stat. 2237, added item 1222. 2004—Pub. L. 108–375, div. A, title V, §§ 521(b), 555(b)(2), Oct. 28, 2004, 118 Stat. 1888, 1914, added item 1206a and substituted ‘‘Academy cadets and midshipmen: applica- bility of chapter’’ for ‘‘Cadets, midshipmen, and avia- tion cadets: chapter does not apply to’’ in item 1217. 1999—Pub. L. 106–65, div. A, title VI, § 653(a)(2), Oct. 5, 1999, 113 Stat. 666, added item 1207a. 1997—Pub. L. 105–85, div. A, title V, § 513(d)(3), Nov. 18, 1997, 111 Stat. 1731, inserted ‘‘or on inactive-duty train- ing’’ after ‘‘Members on active duty for 30 days or less’’ in items 1204 and 1206. 1986—Pub. L. 99–661, div. A, title VI, § 604(d)(4), Nov. 14, 1986, 100 Stat. 3876, struck out ‘‘; disability from in- jury’’ after ‘‘30 days or less’’ in items 1204, 1205, 1206. 1962—Pub. L. 87–651, title I, § 107(e), Sept. 7, 1962, 76 Stat. 509, substituted ‘‘Discharge or release from active duty: claims for compensation, pension, or hospitaliza- tion’’ for ‘‘Explanation of rights before discharge’’ in item 1218, and ‘‘Statement of origin of disease or in- jury: limitations’’ for ‘‘Statement against interest void’’ in item 1219, and struck out item 1220 ‘‘Location of accredited representatives at military installa- tions’’. 1958—Pub. L. 85–861, § 1(28)(C), Sept. 2, 1958, 72 Stat. 1451, added item 1221. 1957—Pub. L. 85–56, title XXII, § 2201(31)(B), June 17, 1957, 71 Stat. 161, eff. Jan. 1, 1958, added items 1218 to 1220. Statutory Notes and Related Subsidiaries CONTINUING MILITARY SERVICE FOR CERTAIN MEMBERS ELIGIBLE FOR CHAPTER 61 RETIREMENT Pub. L. 118–31, div. A, title V, § 529, Dec. 22, 2023, 137 Stat. 256, provided that: ‘‘(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall prescribe regulations that authorize the Secretary of the military department concerned to authorize a covered member to continue to serve in the Armed Forces— ‘‘(1) in the current military occupational specialty of such covered member, for which the covered mem- ber may not be deployable; or ‘‘(2) in a military occupational specialty for which the covered member is deployable. ‘‘(b) RULE OF CONSTRUCTION.—A covered member who completes 20 years of service computed under section 1208 of title 10, United States Code shall not be denied any benefit—