Page:United States Statutes at Large Volume 70A.djvu/277

219 219 (b) If a board of review recommends the retention of an officer, his case is closed. However, at any future time he may be again required to show cause for retention under section 3781 of this title. (c) If a board of review recommends the removal of an officer from the active list of the Regular Army, it shall send its recommendations to the Secretary for his action. § 3784. Removal of officer: action by Secretary of the Army upon recommendation The Secretary of the Army may remove an officer from the active list of the Regular Army for any cause that he considers sufficient, if removal for that cause is recommended by a board of review under this chapter. The Secretary's action in such a case is final and conclusive. § 3785. R i g h t s and procedures (a) Each officer under consideration for removal from the active list of the Regular Army under this chapter shall be— (1) notified in writing of the pendency of any proceeding for his removal; (2) allowed reasonable time to prepare his defense; (3) allowed to appear in person and by counsel at proceedings before a board of inquiry and a board of review; and (4) allowed full access to, and furnished copies of, records relevant to his case at all stages of the proceeding. (b) No person may be a member of more than one board convened under this chapter for the same officer. §3786.

Officer considered for removal: voluntary retirement or honorable d i s c h a r g e; severance benefits (a) A t any time during proceedings under this chapter and before the removal of an officer from the active list of the Regular Army, the Secretary of the Army may grant his request— (1) for voluntary retirement, if he is otherwise qualified therefor; or (2) for honorable discharge with severance benefits under subsection (b^. (b) Each officer removed from the active list of the Regular Army under this chapter shall— (1) if on the date of removal he is eligible for voluntary retirement under any law, be retired in the grade and with the pay to which he would be entitled if retired at his request; or (2) if on that date he is ineligible for voluntary retirement, be honorably discharged in the grade then held with severance pay equal to one month's basic pay at the rate to which he was entitled on the date of discharge, multiplied by the number of years of his active commissioned service, but not more than 12. (c) For the purposes of subsection (b)(2), a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.

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