Page:United States Statutes at Large Volume 74.djvu/433

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STAT.]

PUBLIC LAW 86-616-JULY 12, 1960

(b) The analysis of subtitle D and the analysis of part II of subtitle D are each amended by striking out the following item: "859. Separation from Regular Air Force for Failure to Meet Standards__ 8781" and inserting the following item in place thereof: "859. Separation from Regular Air Force for Substandard Performance of Duty 8781". (c) The amendments made by this section do not apply to any proceedings begun under chapter 859 of title 10, United States Code, before the enactment of this section. SEC. 8. (a) Subtitle D of title 10, United States Code, is amended by inserting the following new chapter after chapter 859: "CHAPTER 860.—SEPARATION FROM REGULAR AIR FORCE FOR MORAL OR PROFESSIONAL DERELICTION OR IN INTERESTS OF NATIONAL SECURITY "Sec. "8791. Selection boards: composition; duties. "8792. Boards of inquiry: composition; duties. "8793. Boards of review: composition; duties. "8794. Removal of officer: action by Secretary of the Air Force upon recommendation. "8795, Rights and procedures. "8796. Officers considered for removal: retirement or discharge. "8797. Officers eligible to serve on boards. "§8791. Selection boards: composition; duties "The Secretary of the Air Force may at any time convene a board of general officers to review the record of any commissioned officer on the active list of the Regular Air Force to determine whether he shall be required, because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on the active list. "§8792. Boards of inquiry: composition; duties " (a) Boards of inquiry, each composed of three or more general 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 8791 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 future time, he may be again required to show cause for retention under section 8791 of this title. "§8793. 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 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 8792 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.

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