10 U.S. Code § 1187 - Officers eligible to serve on boards
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(a) In General.— Except as provided in subsection (b), each board convened under this chapter shall consist of officers appointed as follows:
(1) Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention on active duty.
(2) Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel or commander.
(b) Retired Officers.— If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer—
(1) is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and
(c) Ineligibility by Reason of Previous Consideration of Same Officer.— No person may be a member of more than one board convened under this chapter to consider the same officer.
Source(Added Pub. L. 96–513, title I, § 110,Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 106–65, div. A, title V, § 504(a),Oct. 5, 1999, 113 Stat. 590; Pub. L. 110–417, [div. A], title V, § 505,Oct. 14, 2008, 122 Stat. 4434.)
2008—Subsec. (a). Pub. L. 110–417, § 505(a)(1), (b), substituted “In General” for “Active Duty Officers” in heading, redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “Each member of the board shall be on the active-duty list.”
Subsec. (b). Pub. L. 110–417, § 505(a)(2), struck out “on active duty” after “qualified officers” in introductory provisions.
1999—Pub. L. 106–65amended text generally. Prior to amendment, text consisted of subsecs. (a) and (b) relating to officers eligible to serve on boards.
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