
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: 10USC1187]

 
                         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. 1187. Officers eligible to serve on boards

    (a) Active Duty Officers.--Except as provided in subsection (b), 
each board convened under this chapter shall consist of officers 
appointed as follows:
        (1) Each member of the board shall be an officer of the same 
    armed force as the officer being required to show cause for 
    retention on active duty.
        (2) Each member of the board shall be on the active-duty list.
        (3) Each member of the board shall be in a grade above major or 
    lieutenant commander, except that at least one member of the board 
    shall be in a grade above lieutenant colonel or commander.
        (4) Each member of the board shall be senior in grade to any 
    officer to be considered by the board.

    (b) Retired Officers.--If qualified officers on active duty are not 
available in sufficient numbers to comprise a board convened under this 
chapter, the Secretary of the military department concerned shall 
complete the membership of the board by appointing to the board retired 
officers of the same armed force. A retired officer may be appointed to 
such a board only if the retired grade of that officer--
        (1) is above major or lieutenant commander or, in the case of an 
    officer to be the senior officer of the board, above lieutenant 
    colonel or commander; and
        (2) is senior to the grade of any officer to be considered by 
    the board.

    (c) Ineligibility by Reason of Previous Consideration of Same 
Officer.--No person may be a member of more than one board convened 
under this chapter to consider the same officer.
    (d) Exclusion From Strength Limitation.--A retired general or flag 
officer who is on active duty for the purpose of serving on a board 
convened under this chapter shall not, while so serving, be counted 
against any limitation on the number of general and flag officers who 
may be on active duty.

(Added Pub. L. 96-513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2875; 
amended Pub. L. 106-65, div. A, title V, Sec. 504(a), Oct. 5, 1999, 113 
Stat. 590.)


                               Amendments

    1999--Pub. L. 106-65 amended text generally. Prior to amendment, 
text consisted of subsecs. (a) and (b) relating to officers eligible to 
serve on boards.

                  Section Referred to in Other Sections

    This section is referred to in section 1182 of this title.
