(a) Procedural Rights.—Under regulations prescribed by the Secretary of Defense, an officer required under section 14902 of this title to show cause for retention in an active status—(1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a board of inquiry, of the reasons for which the officer is being required to show cause for retention in an active status;
(2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare for showing of cause for retention in an active status;
(3) subject to subsection (c), shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; and
(4) shall be allowed full access to, and shall be furnished copies of, records relevant to the case, except that the board of inquiry shall withhold any record that the Secretary concerned determines should be withheld in the interest of national security.
(b) Summary of Records Withheld.—When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.
(c) Remote Appearance.—The Secretary concerned may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry may be via means other than in person.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2959; amended Pub. L. 118–159, div. A, title V, § 509(b), Dec. 23, 2024, 138 Stat. 1872.)
Editorial Notes
Amendments2024—Subsec. (a)(3). Pub. L. 118–159, § 509(b)(1), substituted “subject to subsection (c), shall be” for “shall be”.
Subsec. (c). Pub. L. 118–159, § 509(b)(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.