
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1182]

 
                         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. 1182. Boards of inquiry

    (a) The Secretary of the military department concerned shall convene 
boards of inquiry at such times and places as the Secretary may 
prescribe to receive evidence and make findings and recommendations as 
to whether an officer who is required under section 1181 of this title 
to show cause for retention on active duty should be retained on active 
duty. Each board of inquiry shall be composed of not less than three 
officers having the qualifications prescribed by section 1187 of this 
title.
    (b) A board of inquiry shall give a fair and impartial hearing to 
each officer required under section 1181 of this title to show cause for 
retention on active duty.
    (c) If a board of inquiry determines that the officer has failed to 
establish that he should be retained on active duty, it shall recommend 
to the Secretary concerned that the officer not be retained on active 
duty.
    (d)(1) If a board of inquiry determines that the officer has 
established that he should be retained on active duty, the officer's 
case is closed.
    (2) An officer who is required to show cause for retention on active 
duty under subsection (a) of section 1181 of this title and who is 
determined under paragraph (1) to have established that he should be 
retained on active duty may not again be required to show cause for 
retention on active duty under such subsection within 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 on active duty under subsection (b) of section 
1181 of this title and who is determined under paragraph (1) to have 
established that he should be retained on active duty may again be 
required to show cause for retention at any time.
    (B) An officer who has been required to show cause for retention on 
active duty under subsection (b) of section 1181 of this title and who 
is thereafter retained on active duty may not again be required to show 
cause for retention on active duty under such subsection solely because 
of conduct which was the subject of the previous proceedings, unless the 
findings or recommendations of the board of inquiry that considered his 
case are determined to have been obtained by fraud or collusion.

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2872; 
amended Pub. L. 105-261, div. A, title V, Sec. 503(b)(1), Oct. 17, 1998, 
112 Stat. 2003; Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(d)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-292.)


                               Amendments

    2000--Subsec. (c). Pub. L. 106-398 made technical correction to 
directory language of Pub. L. 105-261, Sec. 503(b)(1). See 1998 
Amendment note below.
    1998--Subsec. (c). Pub. L. 105-261, Sec. 503(b)(1), as amended by 
Pub. L. 106-398, substituted ``recommend to the Secretary concerned that 
the officer not be retained on active duty'' for ``send the record of 
its proceedings to a board of review convened under section 1183 of this 
title''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(d)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-292, provided that the amendment made by 
section 1 [[div. A], title X, Sec. 1087(d)(2)] is effective Oct. 17, 
1998, and as if included in the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999, Pub. L. 105-261, as enacted.

                  Section Referred to in Other Sections

    This section is referred to in section 1184 of this title.
