10 U.S.C. § 1185 — Rights and procedures
submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 225 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Under regulations prescribed by the Secretary of Defense, each officer* required under section 1181 of this title to show cause for retention on active duty*—
shall be notified in writing, at least 30 days before the hearing of his case by a board of inquiry, of the reasons for which he is being required to show cause for retention on active duty;
shall be allowed a reasonable time, as determined by the board of inquiry, to prepare his showing of cause for his retention on active duty;
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
shall be allowed full access to, and shall be furnished copies of, records relevant to his 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.
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.
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.
Source credit: (Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 118–159, div. A, title V, § 509(a), Dec. 23, 2024, 138 Stat. 1872.)
- 1980Enacted · Pub. L. 96-513 · 94 Stat. 2874
- 2024Amended · Pub. L. 118-159 · 138 Stat. 1872
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.
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