
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: 10USC14903]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
 CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION
 
Sec. 14903. Boards of inquiry

    (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 officer's 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 officer's case are determined to have been 
obtained by fraud or collusion.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2958; amended Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(32), 
Feb. 10, 1996, 110 Stat. 498.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106 substituted ``title'' for 
``chapter''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 14311, 14905 of this title.
