Page:United States Statutes at Large Volume 94 Part 3.djvu/230

 94 STAT. 2874

PUBLIC LAW 96-513—DEC. 12, 1980

that he should be retained on active duty may again be required to show cause for retention at any time. "(B) An officer who has been required to show cause for retention as a result of proceedings under subsection (b) of section 1181 of this title and who is thereafter retained on active duty may not again be required to show cause for retention on active duty under such subsection solely because of conduct which was the subject of the previous proceeding, unless the findings or recommendations of the board of inquiry or board of review that considered his case are determined to have been obtained by fraud or collusion. 10 USC 1184.

Withheld records.

"§1184. Removal of officer: action by Secretary upon recommendation of board of review "The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of review convened under section 1183 of this title. "§1185. Rights and procedures "(a) Under regulations prescribed by the Secretary of Defense, each officer required under section 1181 of this title to show cause for retention on active duty— "(1) shall be notified in writing, at least 30 days before the hearing of his case by a board of inquiry, of the reasons for which he is being required to show cause for retention on active duty; "(2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare his showing of cause for his retention on active duty; "(3) shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; and "(4) shall be allowed full access to, and shall be furnished copies of, records relevant to his case, except that the board of inquiry shall withhold any record that the Secretary concerned determines should be withheld in the interest of national security. "(b) When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld. "§1186. Officer considered for removal: voluntary retirement or discharge "(a) At any time during proceedings under this chapter with respect to the removal of an officer from active duty, the Secretary of the military department concerned may grant a request by the officer— "(1) for voluntary retirement, if the officer is qualified for retirement; or "(2) for discharge in accordance with subsection (b)(2). "(b) An officer removed from active duty under section 1184 of this title shall— "(1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which he would be eligible if retired under such provision; and "(2) if ineligible for voluntary retirement under any provision of law on the date of such removal—

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