
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1181]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
 CHAPTER 60--SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE 
                  OF DUTY OR FOR CERTAIN OTHER REASONS
 
Sec. 1181. Authority to establish procedures to consider the 
        separation of officers for substandard performance of duty and 
        for certain other reasons
        
    (a) Subject to such limitations as the Secretary of Defense may 
prescribe, the Secretary of the military department concerned shall 
prescribe, by regulation, procedures for the review at any time of the 
record of any commissioned officer (other than a commissioned warrant 
officer or a retired officer) of the Regular Army, Regular Navy, Regular 
Air Force, or Regular Marine Corps to determine whether such officer 
shall be required, because his performance of duty has fallen below 
standards prescribed by the Secretary of Defense, to show cause for his 
retention on active duty.
    (b) Subject to such limitations as the Secretary of Defense may 
prescribe, the Secretary of the military department concerned shall 
prescribe, by regulation, procedures for the review at any time of the 
record of any commissioned officer (other than a commissioned warrant 
officer or a retired officer) of the Regular Army, Regular Navy, Regular 
Air Force, or Regular Marine Corps to determine whether such officer 
should be required, because of misconduct, because of moral or 
professional dereliction, or because his retention is not clearly 
consistent with the interests of national security, to show cause for 
his retention on active duty.

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2872; 
amended Pub. L. 98-525, title V, Sec. 524(b)(1), Oct. 19, 1984, 98 Stat. 
2524.)


                               Amendments

    1984--Pub. L. 98-525 substituted ``Authority to establish procedures 
to consider the separation of officers for substandard performance of 
duty and for certain other reasons'' for ``Authority to convene boards 
of officers to consider separation of officers for substandard 
performance of duty or for certain other reasons'' in section catchline.
    Subsecs. (a), (b). Pub. L. 98-525 amended subsecs. (a) and (b) 
generally, substituting ``Subject to such limitations as the Secretary 
of Defense may prescribe, the Secretary of the military department 
concerned shall prescribe, by regulation, procedures for the review at 
any time of the record'' for ``Under regulations prescribed by the 
Secretary of Defense, the Secretary of the military department concerned 
may at any time convene a board of officers to review the record''.


                    Effective Date of 1984 Amendment

    Section 524(b)(3) of Pub. L. 98-525 provided that: ``The amendments 
made by paragraphs (1) and (2) [amending this section and the analysis 
to this chapter] shall take effect on the first day of the first month 
that begins more than 60 days after the date of the enactment of this 
Act [Oct. 19, 1984], but shall not apply to any case in which, before 
that date, a board of officers has been ordered to convene under the 
provisions of section 1181 of title 10, United States Code, as in effect 
before that date.''


                             Effective Date

    Chapter effective Sept. 15, 1981, but the authority to prescribe 
regulations under this chapter effective on Dec. 12, 1980, see section 
701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment 
note under section 101 of this title.


  Transition Provisions Under Defense Officer Personnel Management Act

    For provisions to prevent extinction or premature termination of 
rights, duties, penalties, or proceedings that existed or were begun 
prior to the effective date of Pub. L. 96-513 and otherwise to allow for 
an orderly transition to the system of officer personnel management put 
in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-
513, set out as a note under section 611 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 618, 1182, 1185, 1186 of 
this title.
