Convening of Boards .—
section 14902 of this titlesection 14906 of this titleThe 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 . Each board of inquiry shall be composed of not less than three officers who have the qualifications prescribed in .
Right to Fair Hearing .—
section 14902 of this titleA board of inquiry shall give a fair and impartial hearing to each officer required under to show cause for retention in an active status.
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.
Action by Secretary .—
After review of the recommendation of the board of inquiry, the Secretary may—
remove the officer from an active status; or
determine that the case be closed.
Action in Cases Where Cause for Retention Is Established .—
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.
section 14902(a) of this title An officer who is required to show cause for retention under 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.
section 14902(b) of this title Subject to subparagraph (B), an officer who is required to show cause for retention under and whose case is closed under paragraph (1) may again be required to show cause for retention at any time.
section 14902(b) of this title An officer who has been required to show cause for retention under 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.
Pub. L. 103–337, div. A, title XVI, § 1611108 Stat. 2958Pub. L. 104–106, div. A, title XV, § 1501(b)(32)110 Stat. 498(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 104–1061996—Subsec. (b). substituted “title” for “chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–106Pub. L. 103–337section 1501(f)(3) of Pub. L. 104–106section 113 of this titleAmendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .
Effective Date
section 1691(b)(1) of Pub. L. 103–337section 10001 of this titleSection effective , see , set out as a note under .