Page:United States Statutes at Large Volume 77.djvu/220

 188

PUBLIC LAW 88-130-SEPT. 24, 1963

[77 STAT.

"§322. Boards of inquiry " (a) Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under section 321 of this title should be retained on active duty. "(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, 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, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 321, and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention. "§ 323. Boards of review " (a) Boards of review shall be convened at such times as the Secretary may prescribe, to review the records of cases of officers recommended by boards of inquiry for removal. "(b) I t, after reviewing the record of the case, a board of review determines that the officer has failed to establish that he should be retained, 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 active duty, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 321 and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention. "§324. Composition of boards "(a) A board convened under section 321, 322, or 323 of this title shall consist of at least three officers of the grade of commander or above, all of whom are serving in a grade senior to the grade of any officer considered by the board. " (b) No person may be a member of more than one board convened under section 321, 322, or 323 of this title to consider the same officer. "§325. Rights and procedures "Each officer under consideration for removal under section 322 of this title shall be— "(1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention; "(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, 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 the 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. In any case where any records are withheld under this clause, the officer

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