Page:United States Statutes at Large Volume 74.djvu/432

 392

PUBLIC LAW 86-616-JULY 12, 1960

[74 S T A T.

"(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 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. "§8784. Removal of oflScer: action by Secretary of the Air Force upon recommendation

"The Secretary of the Air Force may remove an officer from the active list of the Kegular Air Force 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. "§ 8785. Rights and procedures "Each officer under consideration for removal from the active list of the Regular Air Force under this chapter shall be— "(1) notified in writing, at least 30 days before the hearing of his case by a board of inquiry, that 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 Air Force, 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. "§ 8786. OflScer considered for removal: voluntary retirement or honorable discharge; severance benefits "(a) At any time during proceedings under this chapter and before the removal of an officer from the active list of the Regular Air Force, the Secretary of the Air Force 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 Air Force 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 for which he would be eligible if retired at his request; or "(2) if on that date he is ineligible for voluntary retirement under any law, be honorably discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than 12, by one month's basic pay of that grade. "(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. "§ 8787. Officers eligible to serve on boards "(a) No officer may serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board. "(b) No person may be a member of more than one board convened under this chapter for the same officer."

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