Page:United States Statutes at Large Volume 74.djvu/429

 74

STAT.]

PUBLIC LAW 86-616-JULY 12, 1960

"(b) A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention. "(c) If a board of inquiry determines that the officer has failed to establish that he should be retained on the active list, it shall send the record of its proceeding to a board of review. " (d) If a board of inquiry determines that the officer has established that he should be retained on the active list, his case is closed. However, at any future time, he may be again required to show cause for retention under section 3791 of this title. "§3793. Boards of review: composition; duties " (a) Boards of review, each composed of three or more general officers, shall be convened by the Secretary of the Army, at such times as he may prescribe, to review the records of cases of officers recommended by boards of inquiry for removal from the active list of the Regular Army under section 3792 of this title. "(b) If, after reviewing the record of the case, a board of review determines that the officer has failed to establish that he should be retained on the active list, it shall send its recommendation to the Secretary for his action. "(c) If, after reviewing the record of the case, a board of review determines that the officer has established that he should be retained on the active list, his case is closed. However, at any future time, he may be again required to show cause for retention under section 3791 of this title. "§3794. 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 if his removal is recommended by a board of review under this chapter. The Secretary's action in such a case is final and conclusive. "§3795. Rights and procedures "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 charges against him, at least 30 days before the hearing of his case by a board of inquiry, for which he is being required to show cause for retention on the active list; "(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary of the Army, to prepare his defense; "(3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and "(4) allowed full access to, and furnished copies of, records relevant to his case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. I n any case where any records are withheld under clause (4), the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld. "§ 3796. Officers considered for removal: retirement or discharge " (a) At 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 discharge under subsection (b).

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