US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1181

Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons

(a)
Subject to such limitations 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 of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty.
(b)
Subject to such limitations 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 of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine 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 clearly consistent with the interests of national security, to show cause for his retention on active duty.

Pub. L. 96–513, title I, § 11094 Stat. 2872Pub. L. 98–525, title V, § 524(b)(1)98 Stat. 2524Pub. L. 116–283, div. A, title IX, § 924(b)(4)(J)134 Stat. 3822(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–2832021— substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps” in subsecs. (a) and (b).

Pub. L. 98–5251984— substituted “Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons” for “Authority to convene boards of officers to consider separation of officers for substandard performance of duty or for certain other reasons” in section catchline.

Pub. L. 98–525Subsecs. (a), (b). amended subsecs. (a) and (b) generally, substituting “Subject to such limitations 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 prescribed 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)98 Stat. 2524

section 1181 of title 10“The amendments made by paragraphs (1) and (2) [amending this section and the analysis 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 [], 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 , United States Code, as in effect before that date.”
, , , provided that:

Effective Date

section 701 of Pub. L. 96–513section 101 of this titleSection effective , but the authority to prescribe regulations under this chapter effective on , see , set out as an Effective Date of 1980 Amendment note under .

Transition Provisions Under Defense Officer Personnel Management Act

Pub. L. 96–513Pub. L. 96–513Pub. L. 96–513section 611 of this titleFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of and otherwise to allow for an orderly transition to the system of officer personnel management put in place under , see section 601 et seq. of , set out as a note under .