10 U.S.C. § 20504 — Rights and procedures
submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 214 words · no verdicts yet
When the Air Force Secretary makes a Space Force officer show cause for staying on active status, that officer gets specific protections before a retention board. These include advance written notice, time to prepare, the right to appear and have a lawyer, and access to the officer's own case records, except records withheld for national security.
(a) In General. Under rules the Secretary of the Air Force sets, an officer* who is required under section 20501 to show cause for staying on space force active status*:
(1) must get written notice, at least 30 days before the board hearing, explaining why the officer must show cause;
(2) must get a reasonable amount of time, as the board decides, to prepare their case for staying on active status*;
(3) may appear in person or by electronic means, and may have a lawyer represent them at the board proceedings; and
(4) must get full access to, and copies of, records relevant to their case, except that the board can withhold any record the Secretary decides should be kept secret for national security reasons.
(b) Summary of Records Withheld in Interest of National Security. If a record is withheld under (a)(4), the officer must still be given a summary of that withheld record, as much as national security allows.
Under regulations prescribed by the Secretary of the Air Force, each officer* required under section 20501 of this title to show cause for retention in a space force active status*—
shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a space force active status*;
shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a space force active status;
shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and
shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary 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.
Source credit: (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 661.)
- 2023Enacted · Pub. L. 118-31 · 137 Stat. 661
A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.
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