62 STAT.] 80TH CONG. , 2D SESS.-CH. 708-JUNE 29, 1948 [CHAPTER 708] AN ACT To provide for the elimination of Regular Army and Regular Air Force officers and for the retirement of officers, warrant officers, and enlisted men of the Regular Army and the Regular Air Force, and to provide retirement benefits for members of the Reserve components of the Army of the United States, the Air Force of the United States, United States Navy and Marine Corps, and Coast Guard. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Army and Air Force Vitalization and Retirement Equalization Act of 1948." TITLE I ELIINATION SEC. 101. Notwithstanding any other provision of law, the Secretary of the Army and the Secretary of the Air Force, for their respective services, are hereby authorized, for such causes as each may deem satis- factory, to remove any commissioned officer from the active list of the Regular Army or the Regular Air Force, as the case may be, in the manner hereinafter prescribed. SEC. 102. Immediately following the enactment of this Act, and once annually thereafter, the Secretary of the Army and the Secretary of the Air Force shall, for their respective services, each convene a selection board of five general officers, which shall review the records of all officers on the active list of the Regular Army or the Regular Air Force, as the case may be, to determine which of such officers shall be required to show cause why they should be retained on the active list. Selection of any officer to show cause for retention shall be based upon his failure to achieve such standards of performance as the cognizant Secretary shall by regulations prescribe. SEC. 103. Any officer selected to show cause for retention shall be accorded a fair and impartial hearing before a Board of Inquiry consisting of not less than three general officers, convened at such place or places as the cognizant Secretary may prescribe to receive evidence and to make findings and recommendations as to the officer's fitness to be retained on the active list. If the Board of Inquiry recommends the retention of any officer on the active list, his case shall thereupon be closed and shall not be subject to further action, except that such officer may again be selected to show cause for reten- tion at any future time in accordance with the provisions of section 102 of this title. SEC. 104. The Board of Inquiry shall forward the record of its proceedings in each case in which it recommends the removal of any officer from the active list to a board of review, consisting of not less than five general officers, convened by the cognizant Secretary at such time as he deems appropriate, to review each such case and make recommendations as to the retention of the officer concerned on the active list. If the Board of Review recommends the retention of any officer on the active list, his case shall thereupon be closed and shall not be subject to further action, except that such officer may again be selected to show cause for retention at any future time in accordance with the provisions of section 102 of this title. If the Board of Review recommends against the retention of any officer on the active list, such recommendation shall be transmitted to the cognizant Secretary for his action thereon. The action of the Secretary of the Army or the Secretary of the Air Force, as the case may be, in removing any officer 1081 June 29, 1948 [H. R . 2744] [Public Law 810] Army and Air Force Vitalization and Re- tirement Equalization Act of 1948. Removal of officers. Selection board; du- ties. Hearing. Supra. Board of review; duties. SUpro
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