Page:United States Statutes at Large Volume 74.djvu/431

 74 S T A T. ]

PUBLIC LAW 86-616-JULY 12, 1960

SEC. 6. Chapter 835 of title 10, United States Code, is amended— (1) by adding the following new sentence at the end of section 8297(d): "Notwithstanding any other p^rovision of law, a board that is to recommend officers for promotion whom it considers to be the best qualified may recommend only those officers whom it also considers to be fully qualified."; (2) by amending the last sentence of section 8300(c) to read as follows: "However, the number prescribed by the Secretary for recommendation must be at least 80 percent of those listed for consideration for the first time."; and (3) by amending section 8303(d)(3) by striking out the words "the date he would have been retired under section 8913 of this title if he were eligible" and inserting the words "such date as may be requested by him and approved under regulations to be prescribed by the Secretary of the Air Force, but not later than the first day of the seventh calendar month after the Secretary approves the report of that board" in place thereof. SEC. 7. (a) Chapter 859 of title 10, United States Code, is amended to read as follows: •CHAPTER 859.—SEPARATION FROM REGULAR AIR FORCE FOR SUBSTANDARD PERFORMANCE OF DUTY "Sec. "8781. Selection boards: composition; duties. "8782. Boards of inquiry: composition; duties. "8783. Boards of review: composition; duties. "8784. Removal of oflBicer: action by Secretary of the Air Force upon recommendation. "8785. Rights and procedures. "8786. OflScer considered for removal: voluntary retirement or honorable discharge; severance benefits. "8787. Officers eligible to serve on boards. "§ 8781. Selection boards: composition; duties

"The Secretary of the Air Force may at any time convene a board of officers to revie'vr the record of any commissioned officer on the active list of the Regular Air Force to determine whether he shall be required, because his performance of duty has fallen below standards prescribed by the Secretary, to show cause for his retention on the active list. "§8782. Boards of inquiry: composition; duties

" (a) Boards of inquiry, each composed of three or more officers, shall be convened, at such places as the Secretary of the Air Force may prescribe, to receive evidence and make findings and recommendations whether an officer, required to show cause under section 8781 of this title, shall be retained on the active list of the Regular Air Force. " (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 proceedings 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 time after one year from the date of that determination, he may be again required to show cause for retention under section 8781 of this title. "§ 8783. Boards of review: composition; duties " (a) Boards of review, each composed of three or more officers, shall be convened by the Secretary of the Air Force, 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 Air Force under section 8782 of this title.

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