10-U.S.C.-1185
§1185 – Rights and Procedures
Pathway
Title 10 > Subtitle A > Part II > Chapter 60 > Section 1185
Details
- Reference: Section 1185
- Legend: §1185 – Rights and Procedures
- USCode Year: 2013
Provision Content
(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, §110, Dec. 12, 1980, 94 Stat. 2874.)
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1162, in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1162,, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-1181 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-1181, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
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