10 U.S.C. § 1185 — Rights and procedures

(a) Under regulations prescribed by the Secretary of Defense, each officer^* whom section 1181 requires to show cause for retention on active duty^*—

(1) must receive written notice at least 30 days before the board of inquiry hearing explaining why the officer must show cause for retention on active duty;

(2) must be given a reasonable time, as the board of inquiry determines, to prepare the officer’s showing of cause for retention;

(3) subject to subsection (c), must be allowed to appear personally and to have counsel represent the officer in proceedings before the board; and

(4) must receive full access to, and copies of, records relevant to the case. However, the board must withhold any record that the Secretary concerned^* decides should be withheld for national security.

(b) If a record is withheld under subsection (a)(4), the officer whose case is being considered must, to the extent national-security interests allow, receive a summary of the withheld record.

(c) In exceptional circumstances, the Secretary concerned may decide that an officer may appear in board-of-inquiry proceedings by a method other than appearing personally.