10 U.S.C. § 14904 — Rights and procedures

(a) Procedural Rights. Under regulations the Secretary of Defense prescribes, an officer required under section 14902 of this title to show cause for retention in an active status: (1) must be notified in writing, at least 30 days before their board of inquiry hearing, of the reasons they are being required to show cause; (2) must be allowed a reasonable time, as the board decides, to prepare; (3) subject to (c), must be allowed to appear in person and be represented by counsel at the board's proceedings; and (4) must be allowed full access to, and be given copies of, records relevant to their case -- except that the board can withhold a record the Secretary decides should be withheld for national security reasons. (b) Summary of Records Withheld. When a record is withheld under (a)(4), the officer must, to the extent national security allows, be given a summary of that withheld record. (c) Remote Appearance. The Secretary can decide that, in exceptional circumstances, the officer's appearance before the board of inquiry may be by a means other than in person.