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LegalText 10 U.S.C. § 14903 Boards of inquiry us united_states_code code_section 10 ARMED FORCES 1411 ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION 14903 10 U.S.C. § 14903 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s14903 data/legal/raw/us/code/title-10/usc10.xml be93253a3c0b104ecd2d653123660b0a6d51d0a511ff2f9d7b39ac3f2c0da767 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 d4a4f6dd0a5bb53c02ce3aa36f6e37d582a58e823e28dca31e1c28914624b17c 2026-07-04 official
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10 U.S.C. § 14903 - Boards of inquiry

Text

(a) Convening of Boards.— The Secretary of the military department concerned shall convene a board of inquiry at such time and place as the Secretary may prescribe to receive evidence and review the case of any officer who has been required to show cause for retention in an active status under section 14902 of this title. Each board of inquiry shall be composed of not less than three officers who have the qualifications prescribed in section 14906 of this title.

(b) Right to Fair Hearing.— A board of inquiry shall give a fair and impartial hearing to each officer required under section 14902 of this title to show cause for retention in an active status.

(c) Recommendations to Secretary.— If a board of inquiry determines that the officer has failed to establish that the officer should be retained in an active status, the board shall recommend to the Secretary concerned that the officer not be retained in an active status.

(d) Action by Secretary.— After review of the recommendation of the board of inquiry, the Secretary may—

(1) remove the officer from an active status; or

(2) determine that the case be closed.

(e) Action in Cases Where Cause for Retention Is Established.— (1) If a board of inquiry determines that an officer has established that the officer should be retained in an active status or if the Secretary determines that the case be closed, the officers case is closed.

(2) An officer who is required to show cause for retention under section 14902(a) of this title and whose case is closed under paragraph (1) may not again be required to show cause for retention under such subsection during the one-year period beginning on the date of that determination.

(3) (A) Subject to subparagraph (B), an officer who is required to show cause for retention under section 14902(b) of this title and whose case is closed under paragraph (1) may again be required to show cause for retention at any time.

(B) An officer who has been required to show cause for retention under section 14902(b) of this title and who is thereafter retained in an active status may not again be required to show cause for retention under such section solely because of conduct which was the subject of the previous proceeding, unless the recommendations of the board of inquiry that considered the officers case are determined to have been obtained by fraud or collusion.

(Added Pub. L. 103337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2958; amended Pub. L. 104106, div. A, title XV, § 1501(b)(32), Feb. 10, 1996, 110 Stat. 498.)

Notes

Editorial Notes

Amendments1996—Subsec. (b). Pub. L. 104106 substituted “title” for “chapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104106, set out as a note under section 113 of this title.

Effective DateSection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103337, set out as a note under section 10001 of this title.