
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: 10USC1185]

 
                         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. 1185. Rights and procedures

    (a) Under regulations prescribed by the Secretary of Defense, each 
officer required under section 1181 of this title to show cause for 
retention on active duty--
        (1) shall be notified in writing, at least 30 days before the 
    hearing of his case by a board of inquiry, of the reasons for which 
    he is being required to show cause for retention on active duty;
        (2) shall be allowed a reasonable time, as determined by the 
    board of inquiry, to prepare his showing of cause for his retention 
    on active duty;
        (3) shall be allowed to appear in person and to be represented 
    by counsel at proceedings before the board of inquiry; and
        (4) shall be allowed full access to, and shall be furnished 
    copies of, records relevant to his case, except that the board of 
    inquiry shall withhold any record that the Secretary concerned 
    determines should be withheld in the interest of national security.

    (b) 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.

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2874.)
