
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: 10USC14904]

 
                         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. 14904. Rights and procedures

    (a) Procedural Rights.--Under regulations prescribed by the 
Secretary of Defense, an officer required under section 14902 of this 
title to show cause for retention in an active status--
        (1) shall be notified in writing, at least 30 days before the 
    hearing of the officer's case by a board of inquiry, of the reasons 
    for which the officer is being required to show cause for retention 
    in an active status;
        (2) shall be allowed a reasonable time, as determined by the 
    board of inquiry, to prepare for showing of cause for retention in 
    an active status;
        (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 the 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) Summary of Records Withheld.--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. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2959.)
