Page:United States Statutes at Large Volume 108 Part 4.djvu/325

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PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2959 under such subsection during the one-year period beginning on the date of that determination. "(3)(A) Subject to subparagraph (B), an officer who is required to show cause for retention under section 14902(b) of this title and whose case is closed under paragraph (1) may again be required to show cause for retention at any time. "(B) An officer who has been required to show cause for retention under section 14902(b) of this title and who is thereafter retained in an active status may not again be required to show cause for retention under such section solely because of conduct which was the subject of the previous proceeding, unless the recommendations of the board of inquiry that considered the officer's case are determined to have been obtained by fraud or collusion. § 14904. Rights and procedures "(a) PROCEDURAL RIGHTS. —Under regulations prescribed by the Regulations. Secretary of Defense, an officer required under section 14902 of this title to show cause for retention in an active status— "(1) shall be notified in writing, at least 30 days before the hearing of the officer's case by a board of inquiry, of the reasons for which the officer is being required to show cause for retention in an active status; "(2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare for showing of cause for retention in an active status; "(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 the 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) SUMMARY OF RECORDS WITHHELD.—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. "§14905. Officer considered for removal: retirement or discharge "(a) VOLUNTARY RETIREMENT OR DISCHARGE.— At any time during proceedings under this chapter with respect to the removal of an officer from an active status, 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; "(2) for transfer to the Retired Reserve if the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title and is otherwise eligible for transfer to the Retired Reserve; or "(3) for discharge in accordsmce with subsection (b)(3). "(b) REQUIRED RETIREMENT OR DISCHARGE.— An officer removed from an active status under section 14903 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 that provision;