108 STAT. 2958 PUBLIC LAW 103-337—OCT. 5, 1994 "(b) EFFECT OF SEPARATION.— I f an officer separated under this section is eligible for retirement, the officer may be retired. If the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the officer may be transferred to the Retired Reserve. Regulations. ^§14902. Separation for substandard performance and for certain other reasons " (a) SUBSTANDARD PERFORMANCE OF DUTY. —The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because that officer's performance has fallen below standards prescribed by the Secretary concerned, to show cause for retention in an active status. "(b) MISCONDUCT, ETC. —The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because of misconduct, because of moral or professional dereliction, or because the officer's retention is not clearly consistent with the interests of national security, to show cause for retention in an active status. "(c) REGULATIONS.—The authority of the Secretary of a military department under this section shall be carried out subject to such limitations as the Secretary of Defense may prescribe by regulation. ^§ 14903. Boards of inquiry "(a) CONVENING OF BOARDS.— The Secretary of the military department concerned shall convene a board of inquiry at such time and place as the Secretary may prescribe to receive evidence and review the case of any officer who has been required to show cause for retention in an active status under section 14902 of this title. Each board of inquiry shall be composed of not less than three officers who have the qualifications prescribed in section 14906 of this title. "(b) RIGHT TO FAIR HEARING.—A board of inquiry shall give a fair and impartial hearing to each officer required under section 14902 of this chapter to show cause for retention in an active status. "(c) RECOMMENDATIONS TO SECRETARY.— I f a board of inquiry determines that the officer has failed to establish that the officer should be retained in an active status, the board shall recommend to the Secretary concerned that the officer not be retained in an active status. "(d) ACTION BY SECRETARY.— After review of the recommendation of the board of inquiry, the Secretary may— "(1) remove the officer from an active status; or "(2) determine that the case be closed. " (e) ACTION IN CASES WHERE CAUSE FOR RETENTION IS ESTAB- LISHED.— (1) If a board of inquiry determines that an officer has established that the officer should be retained in an active status or if the Secretary determines that the case be closed, the officer's case is closed. "(2) An officer who is required to show cause for retention under section 14902(a) of this title and whose case is closed under paragraph (1) may not again be required to show cause for retention
�
