Page:United States Statutes at Large Volume 94 Part 3.djvu/228

 94 STAT. 2872

Regulations.

PUBLIC LAW 96-513—DEC. 12, 1980

sentence, no deduction may be made from disability compensation for the amount of any separation pay, severance pay, or readjustment pay received because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty. "(i) The Secretary of Defense shall prescribe regulations, which shall be uniform for the Army, Navy, Air Force, and Marine Corps, for the administration of this section.". INVOLUNTARY SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS

SEC. 110. Part II of subtitle A is amended by inserting after chapter 59 the following new chapter: "CHAPTER 60—SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS "Sec. "1181. Authority to convene boards of officers to consider separation of officers for substandard performance of duty or for certain other reasons. "1182. Boards of inquiry. "1183. Boards of review. "1184. Removal of officer: action by Secretary upon recommendation of board of review. "1185. Rights and procedures. "1186. Officer considered for removal: voluntary retirement or discharge. "1187. Officers eligible to serve on boards.

10 USC 1181.

"§1181. Authority to convene boards of officers to consider separation of officers for substandard performance of duty or for certain other reasons "(a) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may at any time convene a board of officers to review the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty. "(b) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may at any time convene a board of officers to review the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to determine whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active duty. "§ 1182. Boards of inquiry "(a) The Secretary of the military department concerned shall convene boards of inquiry at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 1181 of this title to show cause for retention on active duty should be retained on active duty. Each board of inquiry shall be composed of not less

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