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- 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
10 U.S.C. § 14904 Rights and Procedures
Library | United States Statutes |
Edition | 2023 Edition |
Currency | Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023),Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023) |
(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.
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