Sec. 506. Authority to separate a regular officer after a board of inquiry recommends retaining such officer
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/bill/118/hr/8070/eh/section-506·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1182(d)(1) of title 10, United States Code, is amended— by striking If and inserting ; and Subject to subparagraph (B), if
(A)by adding at the end the following new subparagraphs: If the board determines that there is a substantiated basis for separating the officer and the Chief of the armed force concerned recommends separation, the Secretary of the military department concerned may determine, pursuant to the process under subparagraph (C), whether to involuntarily separate the officer under subparagraph (D). The process under this subparagraph shall include the following: The provision of notice to the officer regarding such process. An opportunity for the officer to present evidence to the Secretary of the military department concerned. Subject to subparagraph (E), the Secretary of the military department concerned may involuntarily separate the officer if, after reviewing all the evidence in the record, such Secretary determines that— the recommendation of the board is clearly contrary to the substantial weight of such evidence; the officer’s conduct— discredits the armed force concerned; adversely affects good order and discipline; or adversely affects the officer’s performance of duty; and separation is essential to the interests of justice, discipline, and proper administration of the armed force concerned. The least favorable characterization of a separation under subparagraph
(D)shall be general (under honorable conditions). The Secretary of the military department concerned may delegate the authority to make a determination under subparagraph
(D)only to a civilian official of such military department who was appointed by the President, by and with the advice and consent of the Senate. .