Remova lDescription
Section 3791, added [Pub. L. 86–616, § 3(a)], July 12, 1960, [74 Stat. 388], authorized Secretary of the Army to convene at any time a board of general officers to review record of any commissioned officer on active list of Regular Army to determine whether he should be required, because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with interests of national security, to show cause for his retention on active list. See [section 1181(b) of this title].
Section 3792, added [Pub. L. 86–616, § 3(a)], July 12, 1960, [74 Stat. 388], provided for boards of inquiry, composed of three or more general officers, to be convened at such places as Secretary of the Army prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under [section 3791 of this title], should be retained on active list of Regular Army. See [section 1182 of this title].
Section 3793, added [Pub. L. 86–616, § 3(a)], July 12, 1960, [74 Stat. 389], provided for boards of review, composed of three or more general officers, to be convened by Secretary of the Army, at such places as he prescribes, to review records of cases of officers recommended by boards of inquiry for removal from active list of Regular Army.
Section 3794, added [Pub. L. 86–616, § 3(a)], July 12, 1960, [74 Stat. 389], authorized Secretary of the Army to remove an officer from active list of Regular Army if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive. See [section 1184 of this title].
Section 3795, added [Pub. L. 86–616, § 3(a)], July 12, 1960, [74 Stat. 389], provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceedings, except records that Secretary determines be withheld in interests of national security, in which case, a summary, to extent national security permits, be furnished. See [section 1185 of this title].
Section 3796, added [Pub. L. 86–616, § 3(a)], July 12, 1960, [74 Stat. 389], authorized Secretary of the Army, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Army, to grant that officer’s request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See [section 1186 of this title].
Section 3797, added [Pub. L. 86–616, § 3(a)], July 12, 1960, [74 Stat. 390], provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board and that no person be a member of more than one board convened under this chapter for same officer. See [section 1187 of this title].
Effective Date
Effective Date of Repeal
Repeal effective Sept. 15, 1981, see [section 701 of Pub. L. 96–513], set out as an Effective Date of 1980 Amendment note under [section 101 of this title].
