(a) Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under section 2158 of this title should be retained on active duty.
(b) A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention.
(c) If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall recommend to the Secretary that the officer not be retained on active duty.
(d) If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 2158 of this title, and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 322; amended Pub. L. 97–295, § 2(10), Oct. 12, 1982, 96 Stat. 1302; renumbered § 2159 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 119–60, div. G, title LXXII, § 7223(b), Dec. 18, 2025, 139 Stat. 1702.)
Editorial Notes
Amendments2025—Subsec. (c). Pub. L. 119–60 substituted “recommend to the Secretary that the officer not be retained on active duty” for “send the record of its proceedings to a board of review”.
2018—Pub. L. 115–282, § 112(b), renumbered section 322 of this title as this section.
Subsecs. (a), (d). Pub. L. 115–282, § 123(b)(2), substituted “section 2158” for “section 321”.
1982—Subsec. (d). Pub. L. 97–295 inserted “of this title” after “section 321”.