10 U.S.C. § 1181

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 1181 - Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons

(a) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty.

(b) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active duty.

10 U.S.C. § 1181

Added Pub. L. 96-513, title I, §110, Dec. 12, 1980, 94 Stat. 2872; amended Pub. L. 98-525, title V, §524(b)(1), Oct. 19, 1984, 98 Stat. 2524; Pub. L. 116-283, div. A, title IX, §924(b)(4)(J), Jan. 1, 2021, 134 Stat. 3822.

EDITORIAL NOTES

AMENDMENTS2021- Pub. L. 116-283 substituted "Regular Marine Corps, or Regular Space Force" for "or Regular Marine Corps" in subsecs. (a) and (b). 1984- Pub. L. 98-525 substituted "Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons" for "Authority to convene boards of officers to consider separation of officers for substandard performance of duty or for certain other reasons" in section catchline.Subsecs. (a), (b). Pub. L. 98-525 amended subsecs. (a) and (b) generally, substituting "Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record" for "Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may at any time convene a board of officers to review the record".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-525, title V, §524(b)(3), Oct. 19, 1984, 98 Stat. 2524, provided that: "The amendments made by paragraphs (1) and (2) [amending this section and the analysis to this chapter] shall take effect on the first day of the first month that begins more than 60 days after the date of the enactment of this Act [Oct. 19, 1984], but shall not apply to any case in which, before that date, a board of officers has been ordered to convene under the provisions of section 1181 of title 10, United States Code, as in effect before that date."

EFFECTIVE DATESection effective Sept. 15, 1981, but the authority to prescribe regulations under this chapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513 set out as an Effective Date of 1980 Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACTFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96-513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96-513 see section 601 et seq. of Pub. L. 96-513 set out as a note under section 611 of this title.

active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
officer: The term "officer" means a commissioned or warrant officer.
warrant officer: The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.