10 U.S.C. § 14903 — Boards of inquiry

(a) Convening of Boards. The Secretary of the officer's military department must convene a board of inquiry, at a time and place the Secretary sets, to receive evidence and review the case of any officer required to show cause for retention in an active status under section 14902 of this title. Each board must have at least three officers, and those officers must meet the qualifications in section 14906 of this title. (b) Right to Fair Hearing. A board of inquiry must give a fair and impartial hearing to every officer required to show cause for retention. (c) Recommendations to Secretary. If the board decides the officer failed to establish that they should be retained in active status, the board recommends to the Secretary that the officer not be retained. (d) Action by Secretary. After reviewing the board's recommendation, the Secretary can either (1) remove the officer from active status, or (2) determine that the case be closed. (e) Action in Cases Where Cause for Retention Is Established. (1) If the board decides the officer did establish that they should be retained, or if the Secretary determines the case be closed, the officer's case is closed. (2) An officer required to show cause under section 14902(a) whose case is closed under (1) cannot be required to show cause again under that subsection during the one-year period after that determination. (3)(A) Subject to (B), an officer required to show cause under section 14902(b) whose case is closed under (1) can be required to show cause again at any time. (B) An officer who was required to show cause under section 14902(b) and was then retained in active status cannot be required to show cause again solely for the conduct from the earlier proceeding, unless the earlier board's recommendations are later found to have come from fraud or collusion.